Association members also had what was described by Kuluva as a "lively
discussion" concerning Missouri House Bill 1257
(HB1257), a bill to amend chapter 570, RSMo (Stealing
and related offenses), by adding a new section
relating to stealing leased property.
The Association of Progressive Rental Organizations' (APRO)
President Shannon Strunk and General Counsel Ed Winn were on
hand to give presentations. Winn updated the group on laws
regarding collections as they apply to Missouri rental dealers. Strunk gave a presentation entitled, "Growing your business; how
other dealers are counting what counts and building the future
growth of their business on a solid recurring revenue basis."
Chuck Kuluiva said, "Shannon's presentation gave us all a new
prospective of how to look at our businesses."
To avoid scheduling conflicts with the Vegas, Tupelo, Highpoint
and APRO shows, MRDA moved the 2nd Annual Heartland
Trade Show to June 19-21 at the
Lodge of the Four Seasons in Lake
Ozark, Missouri. Last year's Heartland Show was held in September
(see
story).
Association members also had what was described by Kuluva as a "lively
discussion" concerning Missouri House Bill 1257
(HB1257), a bill to amend chapter 570, RSMo (Stealing
and related offenses), by adding a new section
relating to stealing leased property.
Among other things the proposed statute states that a person commits
the crime of stealing leased property if that person:
1. With the intent to place the property beyond the
control of the lessor conceals or aids or abets the
concealment of the property or any part thereof; or
2. Sells, conveys, or encumbers the property or any part
thereof without the written consent of the lessor, without
informing the person to whom the lessee sells, conveys, or
encumbers that the same is subject to such lease and with
the intent to deprive the lessor of possession thereof; or
3. Does not return the property to the lessor at the end
of the lease term, plus any agreed upon extensions, with
intent to wrongfully deprive the lessor of possession of the
property; or
4. Returns the property to the lessor at the end of the
lease term, plus any agreed upon extensions, but does not
pay the lease charges agreed upon in the written instrument,
with the intent to wrongfully deprive the lessor of the
agreed upon charges.
Violation of the proposed law would be considered a class A
misdemeanor unless the value of the leased property stolen
exceeds one thousand dollars, in which case it would be a class
D felony.
SECOND REGULAR SESSION
HOUSE BILL NO. 1257
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PRATT.
Read 1st time January 5, 2006 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
3836L.02I
AN ACT
To amend chapter 570, RSMo, by adding thereto one new section
relating to stealing leased property, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri,
as follows:
Section A. Chapter 570, RSMo, is amended by adding thereto one
new section, to be known as section 570.035, to read as follows:
570.035. 1. As used in this section the following terms shall
mean:
(1) "Lease", a written instrument in which one or more persons
leases or rents personal property from another person or
persons;
(2) "Leased property", includes any personal property that is
leased or rented;
(3) "Leases", the act of leasing or renting personal property to
or from another;
(4) "Lessee", the person who is leasing or renting personal
property from another;
(5) "Lessor", the person who is leasing or renting personal
property to another.
2. A person commits the crime of stealing leased property if
such person leases personal property under a written instrument
and:
(1) With the intent to place the property beyond the control of
the lessor conceals or aids or abets the concealment of the
property or any part thereof; or
(2) Sells, conveys, or encumbers the property or any part
thereof without the written consent of the lessor, without
informing the person to whom the lessee sells, conveys, or
encumbers that the same is subject to such lease and with the
intent to deprive the lessor of possession thereof; or
(3) Does not return the property to the lessor at the end of the
lease term, plus any agreed upon extensions, with intent to
wrongfully deprive the lessor of possession of the property; or
(4) Returns the property to the lessor at the end of the lease
term, plus any agreed upon extensions, but does not pay the
lease charges agreed upon in the written instrument, with the
intent to wrongfully deprive the lessor of the agreed upon
charges.
For the purpose of subsection 2 of this section, the value of
the property must be at least one hundred dollars.
3. Evidence that a lessee used a false, fictitious, or not
current name, address, or place of employment in obtaining the
property or that a lessee fails or refuses to return the
property or pay the lease charges to the lessor within seven
days after written demand for the return has been sent by
certified mail, return receipt requested, to the address the
person set forth in the lease agreement, or in the absence of
the address, to the person's last known place of residence,
shall be evidence of intent to violate the provisions of this
section.
4. Stealing leased property is a class A misdemeanor unless the
value of the leased property stolen exceeds one thousand dollars
in which case it is a class D felony.
