136.055. Agent to collect motor vehicle taxes and issue licenses--fees--sign required--audit of records, when.
Agent to collect motor vehicle taxes and issue licenses--fees--signrequired--audit of records, when.
136.055. 1. Any person who is selected or appointed by the statedirector of revenue as provided in subsection 2 of this section to act asan agent of the department of revenue, whose duties shall be the processingof motor vehicle title and registration transactions and the collection ofsales and use taxes when required under sections 144.070 and 144.440, RSMo,and who receives no salary from the department of revenue, shall beauthorized to collect from the party requiring such services additionalfees as compensation in full and for all services rendered on the followingbasis:
(1) For each motor vehicle or trailer registration issued, renewed ortransferred--three dollars and fifty cents and seven dollars for thoselicenses sold or biennially renewed pursuant to section 301.147, RSMo;
(2) For each application or transfer of title--two dollars and fiftycents;
(3) For each instruction permit, nondriver license, chauffeur's,operator's or driver's license issued for a period of three years orless--two dollars and fifty cents and five dollars for licenses orinstruction permits issued or renewed for a period exceeding three years;
(4) For each notice of lien processed--two dollars and fifty cents;
(5) No notary fee or other fee or additional charge shall be paid orcollected except for electronic telephone transmission reception--twodollars.
2. The director of revenue shall award fee office contracts underthis section through a competitive bidding process. The competitivebidding process shall give priority to organizations and entities that areexempt from taxation under Section 501(c)(3) or 501(c)(6) of the InternalRevenue Code of 1986, as amended, and political subdivisions, including butnot limited to, municipalities, counties, and fire protection districts.The director of the department of revenue may promulgate rules andregulations necessary to carry out the provisions of this subsection. Anyrule or portion of a rule, as that term is defined in section 536.010,RSMo, that is created under the authority delegated in this subsectionshall become effective only if it complies with and is subject to all ofthe provisions of chapter 536, RSMo, and, if applicable, section 536.028,RSMo. This section and chapter 536, RSMo, are nonseverable and if any ofthe powers vested with the general assembly pursuant to chapter 536, RSMo,to review, to delay the effective date, or to disapprove and annul a ruleare subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2009, shall beinvalid and void.
3. All fees collected by a tax-exempt organization may be retainedand used by the organization.
4. All fees charged shall not exceed those in this section. The feesimposed by this section shall be collected by all permanent offices and allfull-time or temporary offices maintained by the department of revenue.
5. Any person acting as agent of the department of revenue for thesale and issuance of registrations, licenses, and other documents relatedto motor vehicles shall have an insurable interest in all license plates,licenses, tabs, forms and other documents held on behalf of the department.
6. The fees authorized by this section shall not be collected bymotor vehicle dealers acting as agents of the department of revenue undersection 32.095, RSMo, or those motor vehicle dealers authorized to collectand remit sales tax under subsection 8 of section 144.070, RSMo.
7. Notwithstanding any other provision of law to the contrary, thestate auditor may audit all records maintained and established by the feeoffice in the same manner as the auditor may audit any agency of the state,and the department shall ensure that this audit requirement is a necessarycondition for the award of all fee office contracts. No confidentialrecords shall be divulged in such a way to reveal personally identifiableinformation.
(L. 1951 p. 863 §§ 1, 2, A.L. 1965 p. 253, A.L. 1976 H.B. 1019, A.L. 1979 H.B. 90, A.L. 1985 H.B. 336, A.L. 1990 S.B. 560, A.L. 1997 H.B. 459, A.L. 1999 S.B. 19, A.L. 2000 S.B. 896, A.L. 2002 H.B. 1196, A.L. 2004 S.B. 1285, A.L. 2005 H.B. 487, A.L. 2009 H.B. 381 merged with H.B. 683)