FIRST REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES MUNZLINGER (Sponsor), BIVINS, HOBBS, DOUGHERTY, FISHER, WALLACE, McGHEE, SATER AND HUNTER (Co-sponsors).
Read 1st time February 1, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 414, RSMo, by adding thereto one new section relating to motor fuel franchise contracts, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 414, RSMo, is amended by adding thereto one new section, to be known as section 414.361, to read as follows:
414.361. 1. No provision in a motor fuel franchise contract entered into after September 1, 2007, shall:
(1) Prohibit a dealer from purchasing or selling any alternative motor fuel set forth in subsection 3 of this section from a person or firm other than a distributor; or
(2) Limit the quantity of such alternative motor fuel to be purchased from a person or firm other than a distributor; or
(3) Directly or indirectly discourage a dealer from purchasing or selling such alternative motor fuel from a person or firm other than a distributor.
2. Nothing contained in this section, however, shall grant to any dealer any rights, authority, or obligation with respect to the permissible uses of the premises or facilities owned, leased, or controlled by a distributor under the terms of the franchise contract.
3. As used in this section, "alternative motor fuel" means:
(1) A blend of eighty-five percent ethanol and fifteen percent gasoline, also known as E-85, as defined in the American Society for Testing and Materials International (ASTM) D5798-06 Standard Specification for Fuel Ethanol (Ed75-Ed85) for Automotive Spark-Ignition Engines or its successor standard specifications for a fuel blend, nominally seventy-five to eighty-five volume percentage denatured fuel ethanol and twenty-five to fifteen additional volume percentage hydrocarbons for use in ground vehicles with automotive spark-ignition engines;
(2) A blend of at least two percent methyl-ester, also known as biodiesel, as defined in the American Society for Testing and Materials International (ASTM) D6751-06a Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels or its successor standard specifications for biodiesel (B100) Grades S15 and S500 for use as a blend component with diesel fuel oils as defined in the American Society for Testing and Materials International (ASTM) D975-06b Standard Specification for Diesel Fuel Oils or its successor standard specifications for Grades 1-D, 2-D, and low sulfur 1-D and 2-D; or
(3) Any motor fuel at least seventy percent of the volume of which consists of one or more of the following:
a. Ethanol;
b. Natural gas;
c. Compressed natural gas;
d. Liquified natural gas;
e. Liquified petroleum gas;
f. Any mixture of biodiesel and diesel fuel, without regard to any use of kerosene;
4. Any person or firm who is a distributor or an officer, agent, or employee of a distributor who threatens, harasses, coerces, or attempts to coerce a dealer for the purpose of compelling such dealer to refrain from purchasing or selling alternative motor fuel from a person or firm other than a distributor shall be subject to a fine in an amount up to one thousand dollars for each violation.
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