To repeal sections 304.001, 304.155, 304.157 and 304.575, RSMo 1994, relating to the towing of motor vehicles, and to enact in lieu thereof five new sections relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Sections 304.001, 304.155, 304.157 and 304.575, RSMo 1994, are repealed and five new sections enacted in lieu thereof to be known as sections 304.001, 304.155, 304.156, 304.157 and 304.158, to read as follows:

304.001. As used in this chapter and chapter 307, RSMo, the following terms shall mean:

(1) "Abandoned property", any motor vehicle, trailer or vessel removed or subject to removal from public or private property as provided in sections 304.155 and 304.157, whether or not operational;

(2) "Commercial vehicle enforcement officers", employees of the Missouri state highway patrol who are not members of the patrol but who are appointed by the superintendent of the highway patrol to enforce the laws, rules, and regulations pertaining to commercial vehicles, trailers, special mobile equipment and drivers of such vehicles;

[(2)] (3) "Commercial vehicle inspectors", employees of the Missouri state highway patrol who are not members of the patrol but who are appointed by the superintendent of the highway patrol to supervise or operate permanent or portable weigh stations in the enforcement of commercial vehicle laws;

(4) "Commission", the state highways and transportation commission;

(5) "Department", the state highways and transportation department;

(6) "Freeway", a divided state highway with four or more lanes, with no access to the throughways except the established interchanges and with no at-grade crossings;

(7) "Interstate highway", a state highway included in the national system of interstate highways located within the boundaries of Missouri, as officially designated or as may be hereafter designated by the state highways and transportation commission with the approval of the Secretary of Transportation, pursuant to Title 23, United States Code, as amended;

[(3)] (8) "Members of the patrol", the superintendent, lieutenant colonel, majors, captains, director of radio, lieutenants, sergeants, corporals and patrolmen of the Missouri state highway patrol;

[(4)] (9) "Off-road vehicle", any vehicle designed for or capable of cross-country travel on or immediately over land, water, ice, snow, marsh, swampland, or other natural terrain without benefit of a road or trail:

(a) Including, without limitation, the following:

a. Jeeps;

b. All-terrain vehicles;

c. Dune buggies;

d. Multiwheel drive or low-pressure tire vehicles;

e. Vehicle using an endless belt, or tread or treads, or a combination of tread and low-pressure tires;

f. Motorcycles, trail bikes, minibikes and related vehicles;

g. Any other means of transportation deriving power from any source other than muscle or wind; and

(b) Excluding the following:

a. Registered motorboats;

b. Aircraft;

c. Any military, fire or law enforcement vehicle;

d. Farm-type tractors and other self-propelled equipment for harvesting and transporting farm or forest products;

e. Any vehicle being used for farm purposes, earth moving, or construction while being used for such purposes on the work site;

f. Self-propelled lawnmowers, or lawn or garden tractors, or golf carts, while being used exclusively for their designed purpose; and

g. Any vehicle being used for the purpose of transporting a handicapped person;

[(5)] (10) "Person", any natural person, corporation, or other legal entity.

(11) "Right-of-way", the entire width of land between the boundary lines of a state highway, including any roadway;

(12) "Roadway", that portion of a state highway ordinarily used for vehicular travel, exclusive of the berm or shoulder;

(13) "State highway", a highway constructed or maintained by the state highways and transportation commission with the aid of state funds or United States government funds, or any highway included by authority of law in the state highway system, including all right-of-way;

(14) "Towing company", any person or entity which tows, removes or stores abandoned property;

(15) "Urbanized area", an area with a population of fifty thousand or more designated by the Bureau of the Census, within boundaries to be fixed by the state highways and transportation commission and local officials in cooperation with each other and approved by the Secretary of Transportation. The boundary of an urbanized area shall, at a minimum, encompass the entire urbanized area as designed by the Bureau of the Census;

(16) "Vehicle", any self-propelled motor vehicle not operated exclusively upon tracks.

304.155. 1. Any [member of the state highway patrol, sheriff, or other] law enforcement officer or an officer of a government agency where that agency's property is concerned, within his jurisdiction may authorize a towing company [service station, towing operator, salvage dealer, or motor vehicle repair shop] to remove to a place of safety:

(1) [Any vehicle from the right-of-way of any highway constructed and maintained by the state highways and transportation commission if the vehicle has been left unattended on the right-of-way for more than forty-eight hours;] Any vehicle or trailer on the right-of-way of:

(a) Any interstate highway or freeway in an urbanized area, left unattended for six hours;

(b) Any interstate highway or freeway outside of an urbanized area, left unattended for forty-eight hours;

(c) Any state highway other than an interstate highway or freeway in an urbanized area, left unattended for more than twelve hours; or

(d) Any state highway other than an interstate highway or freeway outside of an urbanized area, left unattended for more than forty-eight hours;

provided that commercial motor vehicles not hauling waste designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this subdivision to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice;

(2) Any unattended vehicle or trailer illegally left standing upon any highway or bridge if the vehicle is left in a position or under such circumstances as to obstruct the normal movement of traffic where there is no reasonable indication that the person in control of the property is arranging for its immediate control or removal;

(3) Any vehicle or trailer which has been abandoned under section 577.080, RSMo;

(4) Any vehicle, trailer or vessel which has been reported as stolen or taken without consent of the owner;

(5) Any vehicle or vessel for which the person [driving] operating such vehicle or vessel is arrested for an alleged offense for which the officer is required to take the person into custody and where such person is unable to arrange for the vehicle's or vessel's timely removal; [or]

(6) Any vehicle which due to any other state law or local ordinance is subject to towing because of the owner's outstanding traffic or parking violations[.];

(7) Any vehicle or trailer left unattended in violation of a state law or local ordinance where signs have been posted giving notice of the law; or

(8) Any vessel illegally left standing on the waters of this state as defined in section 306.010, RSMo, where the vessel is obstructing the normal movement of vessel traffic, or where the vessel has been unattended for more than forty-eight hours.

2. Neither the law enforcement officer nor anyone having custody of a vehicle under his direction shall be liable for any damage to such vehicle occasioned by a removal authorized by [subdivision (1), (3), or (5) of subsection 1 of] this section other than damages occasioned by gross negligence or by willful or wanton acts or omissions.

3. The owner of a vehicle removed as provided in this section or in section 304.157 shall be responsible for payment of all reasonable charges for towing and storage of such vehicle as provided in section 304.158.

4. Upon the towing of any vehicle, trailer or vessel under this section, under subsection 1 of section 304.157 or under subdivision (2) or (3) of subsection 2 of section 304.157 the law enforcement agency that authorized such towing or was properly notified of such towing shall make an inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle, trailer or vessel has been reported as stolen. The law enforcement agency shall also inspect such towed vehicle, trailer or vessel within forty-eight hours of the removal. The law enforcement [officer who authorized the tow] agency shall submit a crime inquiry report and an inspection report to the director of revenue within five working days of the towing of the vehicle. [Such] The crime inquiry report shall include the following:

(1) The year, model, make and vehicle identification number of the vehicle;

(2) A description of any damage to the vehicle noted by the law enforcement officer;

(3) The license number;

(4) The storage location of the towed vehicle;

(5) The name and address of the tower;

(6) The date of the authorization to tow the vehicle; and

(7) The date of the inquiry of the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle had been stolen.

[5. The director of revenue shall notify the owner and any holder of a recorded security interest in the towed vehicle of its location, the name and business address of the person who towed the vehicle, and the right of the person who towed the vehicle to obtain a certificate of title on the vehicle if the towing and storage charges are not paid. This notice shall be given within fifteen working days of the receipt of the towing report from the law enforcement agency.]

5. The inspection report shall contain the following information:

(1) The year, make, model and identification number of the abandoned property;

(2) The license plate or registration number and state of issuance, if available;

(3) A description of any damage to the abandoned property noted by the law enforcement officer or authorized government agency;

(4) The name, address and telephone number of the storage facility;

(5) The date, reason and place from which the abandoned property was towed;

(6) The date of the inquiry into the national crime information center, any statewide Missouri law enforcement computer system and any other similar system which has titling and registration information to determine if the abandoned property has been stolen. If the abandoned property has been reported stolen, the name of the agency which reported the abandoned property stolen and the date the agency was notified of its recovery;

(7) The signature and printed name of the law enforcement officer or authorized government employee and the towing operator; and

(8) Any additional information the director of revenue deems appropriate.

One copy of the inspection report shall remain with the agency which authorized the removal or tow. If removed from real property, one copy shall remain with the landowner and one copy shall be retained by the storage facility in an accessible format in the business records for a period of three years from the date of the tow or removal.

6. The owner of such vehicle, or the holder of a valid security interest of record [thereon which is in default], may reclaim it from the service station, towing operator, salvage dealer, or motor vehicle repair shop, upon proof of ownership or valid security interest of record [which is in default] and payment of all reasonable charges for the towing and storage of the vehicle.

7. Any person who removes a motor vehicle at the direction of a law enforcement officer as provided in this section shall have a lien for all reasonable charges for the towing and storage of the vehicle, until possession of the vehicle is voluntarily relinquished to the owner of the vehicle, or to the holder of a valid security interest of record [thereon which is in default]. Any personal property within the vehicle [need not] shall be released to the owner thereof [until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that personal medical supplies shall be released to the owner thereof] upon request. Such lien shall be enforced in the manner provided under section 304.156. [following manner:

(1) The lienholder in possession shall request the law enforcement agency which authorized the towing to make inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle had been reported stolen and in whose name the vehicle is registered;

(2) The lienholder in possession shall notify by registered mail, postage prepaid, the owner if known, and any lienholders of record, at their last known addresses, that application for a certificate of title will be made unless the owner or lienholder of record makes satisfactory arrangements with the person holding the vehicle for payment of towing and storage within thirty days of the mailing of the notice. This notice shall be supplied by the use of a form designed and provided by the director of revenue;

(3) Thirty days after the notification form has been mailed and the vehicle is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, the lienholder in possession may apply to the director of revenue for a certificate of title if the towed vehicle is titled in Missouri. The application shall be accompanied by:

(a) The original or a conformed or photostatic copy of the written report of the law enforcement officer authorizing the tow;

(b) An affidavit of the lienholder in possession that he has been in possession of the towed vehicle for thirty days and that the owner has failed to make arrangements for payment of towing and storage charges;

(c) A copy of the receipt indicating that the owner or lienholder of record has received the notice required by subdivision (2) of this subsection;

(d) An inspection certificate shall be completed by the officer who authorized the tow on a form provided by the department of revenue. If the officer who authorized the tow is not available to inspect the vehicle and complete the certificate, the law enforcement agency which authorized the tow may designate another officer to inspect the vehicle and complete the form. The inspection shall be made at least thirty days after the date of towing. The inspection certificate shall be dated to reflect the date of the inspection. For titles requested pursuant to this section, no fee shall be required.

8. If a certificate of ownership has not been previously issued in Missouri on the towed vehicle, the lienholder in possession of the vehicle shall obtain ownership verification from the state in which the vehicle was last registered or titled, if known. If the lienholder is unable to determine the last known state of issuance of certificate of ownership or registration, he shall request ownership verification through any available nationwide network of vehicle records and shall notify the last owner of record and lienholder. The lienholder, upon notification of the last owner and any lienholder of record, shall comply with subsection 7 of this section before a certificate of ownership is issued.

9. Upon proof of the foregoing by proper affidavit, the director of revenue shall, if requested, issue a new certificate of title to the lienholder in possession.]

[10.] 8. Towing operators, service stations, salvage dealers, or motor vehicle repair shops who tow or store vehicles according to this section shall keep a record for three years on each vehicle towed and not reclaimed by the owner of the vehicle. Such record shall contain a copy of the law enforcement officer's authorization to tow, copies of all correspondence with the department of revenue concerning the vehicle, and information concerning the final disposition of the possession of the vehicle.

[11. Except for the provisions of subdivisions (4) and (6) of subsection 1 of this section, this section shall not apply to municipalities or counties having ordinances regulating the removal, sale and licensing of vehicles. Municipalities or counties having such ordinances shall file a copy of the ordinances with the department of revenue.

12. Any other provision of law to the contrary notwithstanding, any municipality or county which sells an abandoned vehicle in accordance with a local ordinance may transfer ownership by means of a bill of sale signed by the municipal or county clerk or deputy and sealed with the official municipal or county seal. Such bill of sale shall contain the make and model of the vehicle, the complete vehicle identification number and the odometer reading of the vehicle and shall be lawful proof of ownership for any dealer registered under the provisions of section 301.218 or 301.251, RSMo, or for any other person. Any dealer or other person purchasing such a vehicle from a municipality or county shall apply within thirty days of purchase for a certificate of ownership as provided in section 301.190, RSMo, or for a junking certificate as provided in section 301.227, RSMo. Anyone convicted of a violation of this section shall be guilty of an infraction.]

304.156. 1. Within five working days of receipt of the crime inquiry report and inspection report under section 304.155, the director of revenue shall search the records of the department, or initiate an inquiry with another state, if the evidence presented indicated the abandoned property was registered or titled in another state, to determine the name and address of the owner and lienholder, if any. After ascertaining the name and address of the owner and lienholder, if any, the department shall, within the fifteen day period, notify the towing company. Any towing company which comes into possession of abandoned property pursuant to section 304.155 or 304.157 and who claims a lien for recovering, towing or storing abandoned property shall give notice to the title owner and to all persons claiming a lien thereon, as disclosed by the records of department of revenue or of a corresponding agency in any other state. The towing company shall notify the owner and lienholder within seven business days, by certified mail, return receipt requested. The notice shall contain the following:

(1) The name, address and telephone number of the storage facility;

(2) The date, reason and place from which the abandoned property was removed;

(3) A statement that the amount of the accrued towing, storage and administrative costs are the responsibility of the owner, and that storage and/or administrative costs will continue to accrue as a legal liability of the owner until the abandoned property is redeemed;

(4) A statement that the storage firm claims a possessory lien for all such charges;

(5) A statement that the owner or holder of a valid security interest of record which is in default may retake possession of the abandoned property at any time during business hours by proving ownership or rights to a secured interest and paying all towing and storage charges;

(6) A statement that, should the owner consider that the towing or removal was improper or not legally justified, the owner has a right to request a hearing as provided in this act to contest the propriety of such towing or removal;

(7) A statement that if the abandoned property remains unclaimed for thirty days from the date of mailing the notice, title to the abandoned property will be transferred to the person or firm in possession of the abandoned property or it will be sold at a public auction free of all prior liens; and

(8) A statement that any charges in excess of the value of the abandoned property at the time of such transfer shall remain a liability of the owner.

2. No storage charges may be imposed after the abandoned property has been stored for fourteen days unless the notice required in subsection 1 of this section has been sent to the owner and lienholders.

3. In the event that the records of the department of revenue fail to disclose the name(s) of the owner or any lienholder(s) of record, the department shall notify the towing company which shall attempt to locate documents or other evidence of ownership on or within the abandoned property itself. The towing company must certify that a physical search of the abandoned property disclosed no ownership documents were found and a good faith effort has been made. For purposes of this section, good faith effort means that the following checks have been performed by the company to establish the prior state of registration and title:

(1) Check of the abandoned property for any type of license plates, license plate record, temporary permit, inspection sticker, decal or other evidence which may indicate a state of possible registration and title;

(2) Check the law enforcement report for a license plate number if the vehicle was towed at the request of a law enforcement agency;

(3) Check the tow ticket/report of the tow truck operator to see if a license plate was on the abandoned property at the beginning of the tow, if a private tow; and

(4) If there is no address of the owner on the impound report, check the law enforcement report to see if an out-of-state address is indicated on the driver license information.

4. If no ownership information is discovered, the director of revenue shall be notified in writing and title obtained in accordance with subsections 7 to 9 of this section.

5. (1) The owner of the abandoned property removed pursuant to the provisions of section 304.155 or 304.157 or any person claiming a lien, other than the towing storage operator, within ten days after the time he has knowledge of the location of the abandoned property may file a petition in the associate circuit court in the county where the abandoned property is stored to determine if the abandoned property was wrongfully taken or withheld from the owner. The petition shall name the towing company among the defendants. The director of revenue shall not be a party to such petition but a copy of the petition shall be served on the director of revenue who shall not issue title to such vehicle pursuant to this act until the petition is finally decided.

(2) Upon filing of a petition in the associate circuit court, the owner or lienholder may have the abandoned property released upon posting with the court a cash or surety bond or other adequate security equal to the amount of the charges for towing or storage to ensure the payment of such charges in the event he does not prevail. Upon the posting of the bond and the payment of the applicable fees, the court shall issue an order notifying the lienholder of the posting of the bond and directing the lienholder to release the abandoned property. At the time of such release, after reasonable inspection, the owner or lienholder shall give a receipt to the towing-storage company reciting any claims for loss or damage to the abandoned property or the contents thereof.

(3) Upon determining the respective rights of the parties, the final order of the court shall provide for immediate payment in full of recovery, towing, and storage fees by the abandoned property owner or lienholder or the agency ordering the tow, or the owner, lessee, or agent thereof of the real property from which the abandoned property was removed.

6. If the abandoned property has been titled in Missouri, a towing/storage lien shall be enforced as provided in subsections 7 to 9 of this section.

7. Thirty days after the notification form has been mailed to the abandoned property owner and holder of a security agreement in default and the property is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, and the owner has not requested a hearing as provided in subsection 5 of this section, the lienholder in possession may sell the abandoned property as provided in subsection 8 of this section or may apply to the director of revenue for an original certificate of ownership, salvage certificate of title or junking certificate based on the condition of the abandoned property as stated in the abandoned property report and inspection form. The application for title shall be accompanied by:

(1) An affidavit from the lienholder in possession that he has been in possession of the abandoned property for at least thirty days and the owner of the abandoned property or holder of a security agreement which is in default has not made arrangements for payment of towing and storage charges;

(2) An affidavit that the lienholder in possession has not been notified of any application for hearing as provided in this section;

(3) A copy of the abandoned property report and inspection form;

(4) A copy of the receipt indicating that the owner and lienholder of record has received notice as required in this section;

(5) A fee of $10.00; and

(6) If the lienholder in possession makes application for an original certificate of ownership, an examination certificate as prescribed in section 301.190.

8. Any abandoned property which is stored pursuant to sections 304.155 or 304.157 which remains unclaimed, or for which reasonable charges for recovery, towing or storing remain unpaid and no satisfactory arrangement for payment have been made, and any contents not released may be sold by the owner or operator of the storage space after thirty days from the time the abandoned property is stored therein. The sale shall be at public auction for cash. If the date of the sale was not included in the notice required in section 304.409, notice of the sale shall be given to the person in whose name the abandoned property is titled and to all persons claiming a lien on the abandoned property as shown in the record of the department of revenue or of the corresponding agency in any other state. Notice shall be sent by certified mail, return receipt requested, to the owner of the abandoned property and the person having the perfected lien on the abandoned property at the address shown on the records of the registering agency and shall be mailed not less than fifteen days before the date of the sale. In addition to the notice by mail, public notice of the time and place of sale shall be made by publishing a notice thereof one time, at least ten days prior to the date of the sale, in a newspaper of general circulation in the county where the abandoned property was towed and where the sale of the abandoned property is to be held. The proceeds of the sale, after payment of reasonable towing and storage charges and costs of the sale, shall be deposited with the clerk of the circuit court for the county if the owner is absent and the clerk shall hold such proceeds subject to the claim of the person legally entitled thereto. The person obtaining ownership of the abandoned property pursuant to the sale of abandoned property must submit an application for title accompanied by a bill of sale issued by the circuit court and all applicable fees within thirty days after purchasing the abandoned property.

9. If notice to the owner and holder of a security agreement which is in default has been returned marked "not forwardable" or "addressee unknown", the lien shall be enforced by the lienholder in possession as provided in subsection 3 of this section.

10. Any municipality or county may adopt an ordinance regulating the removal and sale of abandoned property provided such ordinance is consistent with sections 304.155 to 304.158 and provides procedural rights, responsibilities and protections for vehicle owners and real property owners at least as strong as those provided under sections 304.155 to 304.158. A certified copy of such ordinance shall be filed with the director of revenue.

11. Any persons who have towed abandoned property prior to the effective date of this section may, within one year after the effective date, apply to the department of revenue for either a junking certificate or a salvage certificate of title to such property. The application shall be accompanied by:

(1) A notarized affidavit explaining the circumstances by which the abandoned property came into their possession, including the name of the owner or possessor of real property from which the abandoned property was removed, if the item was removed from real property;

(2) The date of the removal;

(3) The current location of the abandoned property;

(4) An inspection of the abandoned property as prescribed in section 304.405;

(5) A copy of the thirty day notice given by certified mail to any owner and person holding a valid security interest of record; and

(6) In the case of a salvage certificate of title, a fee of ten dollars.

12. If the director is satisfied with the genuineness of the application and supporting documents, he shall issue a salvage certificate of title or a junking certificate.

304.157. 1. If a person abandons a vehicle or trailer, as defined in section 301.010, RSMo, on any real property owned by another without the consent of the owner or person in possession of the property, at the request of the person in possession of the real property, any member of the state highway patrol, sheriff, or other law enforcement officer within his jurisdiction may authorize a service station, towing operator, salvage dealer, or vehicle repair shop to remove such vehicle or trailer from the property in the following circumstances:[. For purposes of this section, a person abandons a vehicle if he leaves ]

(1) The vehicle or trailer is left unattended for more than forty-eight hours[, or less if the abandoned vehicle,];

(2) In the judgment of a law enforcement officer, the vehicle or trailer constitutes a safety hazard or unreasonably interferes with the use of the real property by the person in possession; or

(3) The vehicle or trailer has been issued a notice of parking violation, and ninety-six hours have elapsed since the issuance of that notice. [The law enforcement officer shall have no authority to remove a vehicle from real property owned by another prior to the expiration of forty-eight hours after the vehicle is placed on the property or notice given by the owner of the property, unless the abandoned vehicle, in the judgment of the law enforcement officer, constitutes a safety hazard or unreasonably interferes with the use of the real property by the person in possession. The owner of a vehicle removed as provided in this section shall be responsible for payment of all reasonable charges for towing and storage of such vehicle.]

2. The owner of real property may authorize a towing company to remove a vehicle without authorization by a law enforcement officer only when the owner is present and only under the following circumstances:

(1) There is displayed, in plain view at all entrances to the property, a sign not less than seventeen by twenty-two inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that unauthorized vehicles will be removed at the owner's expense, disclosing the maximum fee for all charges related to towing and storage, and containing the telephone number of the local traffic law enforcement agency where information can be obtained;

(2) The vehicle is on private property and lacks an engine, transmission, wheels, tires, doors, windshield or any other major part or equipment necessary to operate safely on the highways, the owner of the private property has notified the city police or county sheriff, as appropriate, and ninety-six hours have elapsed since that notification; or

(3) The vehicle is left unattended on private property, and the owner or person in lawful possession has notified the appropriate law enforcement agency, and thirty days have elapsed since that notification.

[2.] 3. Neither the law enforcement officer nor anyone having custody of a vehicle under his direction shall be liable for any damage to such vehicle occasioned by a removal authorized by this section other than damages occasioned by gross negligence or by willful or wanton acts or omissions.

4. Any towing company which tows a vehicle or trailer without authorization from a law enforcement officer shall report the event and the circumstances to the local law enforcement agency within twenty-four hours.

5. Charges for towing and storage shall be enforced as required under sections 304.155, 304.156 and 304.158.

[3. Upon the towing of any vehicle under this section the law enforcement agency that authorized such towing shall make any inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle has been reported as stolen. The law enforcement officer who authorized the tow shall submit a report to the director of revenue within five working days of the towing of the vehicle. Such report shall include the following:

(1) The year, model, make and vehicle identification number of the vehicle;

(2) A description of any damage to the vehicle noted by the law enforcement officer;

(3) The license number;

(4) The storage location of the towed vehicle;

(5) The name and address of the tower;

(6) The date of the authorization to tow the vehicle; and

(7) The date of the inquiry of the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle had been stolen.

4. The director of revenue shall notify the owner and any holder of a security interest in the towed vehicle of its location, the name and business address of the person who towed the vehicle, and the right of the person who towed the vehicle to obtain a certificate of title on the vehicle if the towing and storage charges are not paid. This notice shall be given within fifteen working days of the receipt of the towing report from the law enforcement agency.

5. The owner of such vehicle, or the holder of a valid security interest thereon which is in default, may reclaim it from the service station, towing operator, salvage dealer, or motor vehicle repair shop, upon proof of ownership or valid security interest which is in default and payment of all reasonable charges for the towing and storage of the vehicle.

6. Any person who removes a vehicle at the direction of a law enforcement officer as provided in this section shall have a lien for all reasonable charges for the towing and storage of the vehicle, until possession of the vehicle is voluntarily relinquished to the owner of the vehicle, or to the holder of a valid security interest thereon which is in default. Any personal property within the vehicle need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that personal medical supplies shall be released to the owner thereof upon request. If the vehicle is titled in Missouri, such lien shall be enforced in the following manner:

(1) The lienholder in possession shall request the law enforcement agency which authorized the towing to make inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle had been reported stolen and in whose name the vehicle was registered;

(2) The lienholder in possession shall notify by registered mail, postage prepaid, the owner if known, and any lienholders of record, at their last known addresses, that application for a certificate of title will be made unless the owner or lienholder of record makes satisfactory arrangements with the person holding the vehicle for payment of towing and storage within sixty days of the mailing of the notice. This notice shall be supplied by the use of a form designed and provided by the director of revenue;

(3) Sixty days after the notification form has been mailed and the vehicle is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, the lienholder in possession may apply to the director of revenue for a certificate of title. The application shall be accompanied by:

(a) The original or a conformed or photostatic copy of the written request of the law enforcement officer authorizing the tow;

(b) An affidavit of the lienholder in possession that he has been in possession of the towed vehicle for sixty days and that the owner has failed to make arrangements for payment of towing and storage charges;

(c) A copy of the receipt indicating that the owner or lienholder of record has received the notice required by subdivision (2) of this subsection;

(d) An inspection certificate shall be completed by the officer who authorized the tow on a form provided by the department of revenue. If the officer who authorized the tow is not available to inspect the vehicle and complete the certificate, the law enforcement agency which authorized the tow may designate another officer to inspect the vehicle and complete the form. The inspection shall be made at least sixty days after the date of towing. The inspection certificate shall be dated to reflect the date of the inspection;

(e) A fee of seven dollars and fifty cents.

7. Upon proof of the foregoing by proper affidavit, the director of revenue shall, if requested, issue a new certificate of title to the lienholder in possession.

8. Towing operators, service stations, salvage dealers, or motor vehicle repair shops which tow or store vehicles according to this section shall keep a record for three years on each vehicle towed and not reclaimed by the owner of the vehicle. Such record shall contain a copy of the law enforcement officer's authorization to tow, copies of all correspondence with the department of revenue concerning the vehicle, and information concerning the final disposition of the possession of the vehicle.

9. This section shall not apply in cities having ordinances regulating the removal, sale, and licensing of abandoned vehicles.]

304.158. 1. The person or agency causing removal of any abandoned property under section 304.155 or 304.157 shall, within twenty-four hours, give notice in writing to the registered owner of the fact of the removal, the grounds for the removal, and indicate the place to which the property has been removed. If the abandoned property is stored in any storage facility, a copy of the notice shall be given to the operator of the facility. The notice provided for in this section shall include the amount of mileage shown on the vehicle at the time of removal.

2. Any owner of any private real estate causing the removal of abandoned property from that real estate shall state the grounds for the removal of the vehicle if requested by the registered owner of that vehicle. Any towing company that lawfully removes a vehicle from private property with the written authorization of the property owner or the property owner's agent who is present at the time of removal shall not be held responsible in any situation relating to the validity of the removal. Any towing company that removes abandoned property at the direction of the landowner shall be responsible for:

(1) Any damage caused by the towing company to the property in the transit and subsequent storage of the property; and

(2) The removal of a vehicle other than the vehicle specified by the owner of the private property from which the vehicle was removed.

3. The owner of a vehicle removed from private property may recover for any damage to the vehicle resulting from any act of any person causing the removal of, or removing, the vehicle.

4. Any owner of any private property causing the removal of a vehicle parked on that property is liable to the owner of the vehicle for double the storage or towing charges whenever there has been a failure to comply with the requirements of this section or to state the grounds for the removal of the vehicle if requested by the registered owner of the vehicle as required by subsection 2 of this section.

5. Any towing company which tows motor vehicles or trailers for hire shall have the towing company's name, city and state clearly printed in letters at least three inches in height on the sides of the truck, wrecker or other vehicle used in the towing.

6. A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner of private property or that owner's agent pursuant to this section if the owner of the vehicle or the owner's agent returns to the vehicle before it is removed from the private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit.

7. Persons operating or in charge of any storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing and storage by a registered owner or the owner's agent claiming the vehicle. A person operating or in charge of any storage facility who refuses to accept a valid bank credit card is liable to the registered owner of the vehicle for four times the amount of the towing and storage charges, but not to exceed five hundred dollars. In addition, persons operating or in charge of the storage facility shall have sufficient moneys on the premises to accommodate, and make change in, a reasonable monetary transaction.

8. A towing company shall not remove or commence the removal of a vehicle from private property without first obtaining written authorization from the property owner or law enforcement agency that shall be present at the time of removal. All written authorizations shall be maintained for at least one year by the towing company. General authorization to remove or commence removal of a vehicle at the towing company's discretion shall not be delegated to a towing company or its affiliates except in the case of a vehicle unlawfully parked within fifteen feet of a fire hydrant or in a fire lane designated by a fire department or the state fire marshall.

9. Any towing company, or any affiliate of a towing company, which removes, or commences removal of, a vehicle from private property without first obtaining written authorization from the property owner or lessee, or an employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in subsection 8 of this section, is liable to the owner of the vehicle for four times the amount of the towing and storage charges, in addition to any applicable criminal penalty, for a violation of this section.

10. Any county, city, town or village may enact ordinances or orders which are consistent with sections 304.155 to 304.158 and which may specify maximum reasonable towing, storage and other charges which can be imposed by towing and storage companies operating within the governmental entity's jurisdiction.

11. Any person who knowingly violates any provision of sections 304.155 to 304.158 shall be guilty of a class A misdemeanor. Any violation of the provisions of section 304.158 shall constitute a violation of the provisions of section 407.020, RSMo. In any proceeding brought by the attorney general for a violation of the provisions of section 304.158, the court may, in addition to imposing the penalties provided for in section 304.158 order the revocation or suspension of the registration or license of the towing company.

[304.575. 1. Any vehicle over ten years of age which is abandoned on private property for seven days after request for removal under section 304.157 may be towed by a service station, towing operator or a salvage business dealer licensed under section 301.218, RSMo, at the written authorization of the owner or lessee of the property. Such business shall be liable only for damage caused to such vehicle by gross negligence or willful acts or omissions.

2. The owner of the vehicle removed shall be responsible for all reasonable towing and storage charges. The person or business towing the vehicle shall have a lien for all reasonable towing and storage charges, if any, until possession of the vehicle is voluntarily relinquished to the owner of the vehicle or to the holder of a valid security interest of record. Any personal property within the vehicle need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that personal medical supplies shall be released to the owner thereof upon request.

3. Upon towing a vehicle under this section, the tower shall send a report to the director of revenue, including the following:

(1) The year, model, make and vehicle identification number of the vehicle;

(2) The license plate number, if available;

(3) The storage location of the towed vehicle;

(4) The name and address of the tower;

(5) The name and address of the person requesting the tow of the vehicle and the date of the request; and

(6) A description of damage to the vehicle.

4. The director of revenue shall make an inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle has been reported as stolen. If the vehicle has been reported as stolen, the director shall notify the appropriate law enforcement officials and the tower. The director of revenue shall notify the tower of the names of the last title holder and any persons holding valid security interests of record at no fee. This information shall be sent within fifteen working days of the inquiry by the tower. The tower shall then notify the last title holder and any persons holding valid security interests of record by certified mail of the following: the location of the vehicle; the name and address of the tower; the towing and storage charges due; and the right of the tower to obtain a certificate of ownership if the towing and storage charges are not paid within thirty days.

5. The owner of the towed vehicle, or the holder of a valid security interest of record, may reclaim the vehicle upon proof of ownership or security interest and payment of reasonable towing and storage charges to the tower.

6. The lienholder may apply for a junking certificate or a salvage certificate of title if neither the vehicle owner nor any holder of a valid security interest have claimed the vehicle within thirty days after the delivery of the notice by certified mail. The application shall be accompanied by the return receipt(s) of the notice(s) sent by certified mail, by a copy of the written authorization of the owner or lessee to the tower for removal of the vehicle, by an affidavit of the lienholder that the owner and/or security interest holder has failed to pay the applicable charges within thirty days after delivery of the notice(s) by certified mail and, in the case of a salvage certificate of ownership, a fee of seven dollars and fifty cents. The director of revenue shall issue the appropriate certificate of ownership upon receipt of the foregoing.

7. Towers of vehicles under this section shall maintain a record for three years on each vehicle towed and not reclaimed. These records shall contain copies of all correspondence with the department of revenue concerning the vehicle and information concerning the final disposition of the vehicle.

8. Any persons who have towed vehicles over ten years of age, abandoned on private property, prior to July 1, 1989, may, within one year after July 1, 1989, apply to the department of revenue for either a junking certificate or a salvage certificate of title. The application shall be accompanied by: a notarized affidavit explaining the circumstances by which the vehicle came into their possession, including the name of the owner or lessee of the property from which the vehicle was removed, the date of removal, and the current location of the vehicle; a report in accordance with subsection 3 of this section; the thirty-day notice given by certified mail to any owner or person holding valid security interest of record; and, in the case of a salvage certificate of title, a fee of seven dollars and fifty cents. The director of revenue shall issue the appropriate certificate upon receipt of the foregoing.]