SB 88 Modifies several provisions of law relating to transportation
Sponsor: Stouffer
LR Number: 0552L.06C Fiscal Note: 0552-06
Committee: Transportation
Last Action: 5/15/2009 - H Calendar S Bills for Third Reading w/HCS Journal Page:
Title: HCS SCS SB 88 Calendar Position:
Effective Date: August 28, 2009
House Handler: Dixon

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Current Bill Summary


HCS/SCS/SB 88 - This act modifies several provisions of law relating to transportation. Many of the provisions contained in this act are contained in the truly agreed to version of HB 683 (2009).

OVERSIGHT DIVISION - Under the terms of this act, employees of the oversight division are required to take an oath to support the constitution, not to disclose confidential information, and to not accept gifts for the discharge of their duties. A violation of the oath of office constitutes a class A misdemeanor (section 23.156).

WINDOW STICKERS - This act requires a window sticker instead of a license plate tab to be placed on the inside front windshield of a motor vehicle to show the current registration. A window sticker will not be issued for a motorcycle or trailer registration. This portion of the act will become effective January 1, 2011 (sections 136.055, 301.032, 301.130, 301.140, 301.160, 301.290, 301.300. 301.301, and 301.302).

BICYCLISTS, PEDESTRIANS AND OTHER MODES OF TRANSPORTATION - This act requires the department of transportation’s plans, programs, and projects to provide full consideration for the safety and contiguous routes for bicyclists, pedestrians, disabled persons, and transit users of all ages and abilities (Section 226.222).

HANDICAP PARKING SIGNS - Under the terms of this act, all new disabled parking signs erected on or after August 28, 2009, must not contain the words "Handicap Parking" (Section 301.143)

PROOF OF FINANCIAL RESPONSIBILITY FOR TEMPORARY TAGS - This act requires anyone purchasing a motor vehicle from a motor vehicle dealer to provide proof of financial responsibility to the dealer before the issuance of a temporary license plate. This portion of the act is similar to SB 759 (2009)(Section 301.140). This provision is contained in the truly agreed to version of HB 683 (2009).

POSSESSION OF EXPIRED LICENSE PLATES - The act also allows persons to possess used or expired license plates provided the possession of such license plates is for charitable purposes (Section 301.140). This provision is contained in the truly agreed to version of HB 683 (2009).

MOTOR VEHICLE TITLES AND LIENS - This act establishes a procedure for adding or deleting names on an application for certificate of ownership for a motor vehicle or trailer that would cause it to be inconsistent with the names listed on a notice of lien. Under the act, the owner shall provide the director with documentation evidencing the lienholder's authorization to add or delete names on the application for certificate of ownership (Section 301.190). This provision is contained in SCS/HB 269 (2009).

SALVAGE POOL - This act requires operator of the salvage pool or salvage disposal sale or the subsequent purchaser to stamp "FOR EXPORT ONLY" on certain salvage poll sales (Section 301.218).

TRANSPORTATION COMMISSION LEADERSHIP - Under this act, the chair and vice chair of the commission are given the option to rotate positions. The current law requires the vice chair to assume the position of chair when the one year term of the chair expires (Section 226.030). This provision is also contained in the truly agreed to version of HB 683 (2009) and SB 343 (2009).

DAVID'S LAW - Under this act, the Department of Transportation shall establish and administer a drunk driving risk reduction awareness program. This act shall be known as "David's Law." The signs shall be placed at or near the scene of the accident. Under the act, signs shall be attached to an existing highway sign, street light, or guard rail. The signs shall be placed upon the state highways in accordance with placement guidelines adopted by the department, and any applicable federal limitations or conditions on highway signage, including location and spacing. The department shall adopt, by rules and regulations, program guidelines for the application for and placement of signs authorized by this section, including, but not limited to, the sign application and qualification process, the procedure for the dedication of signs, and procedures for the replacement or restoration of any signs that are damaged or stolen. Any person may apply to the Department of Transportation to sponsor a drunk driving victim memorial sign in memory of an immediate family member who died as a result of a motor vehicle accident caused by a person who was shown to have been operating a motor vehicle in violation of an alcohol-related traffic law at the time of the accident. Upon the request of an immediate family member of the deceased victim involved in a drunk driving accident, the department shall place a sign in accordance with the provisions of the act. A person who is not a member of the victim's immediate family may also submit a request to have a sign placed under this section if that person also submits the written consent of a victim's immediate family member. The department shall charge the sponsoring party a fee to cover the department's cost in designing, constructing, placing, and maintaining the sign. Signs erected under the act shall remain in place for a period of ten years. After such date, the signs may be renewed for another 10 years after payment of appropriate maintenance fees. The signs developed by the department shall resemble a Missouri license plate and shall feature the words "Drunk Driving Victim!", the initials of the deceased victim, and the month and year in which the victim of the drunk driving accident was killed. No person, other than a Department of Transportation employee or the department's designee, may erect a drunk driving victim memorial sign. These provisions may be found in SB 93 (2009)(Section 227.295).

HEROES WAY - This act establishes an interstate interchange designation program, to be known as the "Heroes Way Interstate Interchange Designation Program", to honor the fallen Missouri heroes who have been killed in action while performing active military duty with the armed forces in Afghanistan or Iraq on or after September 11, 2001 (Section 227.297).

MOTOR VEHICLE DEALERS AND COLLECTION OF SALES TAXES - Under this act, beginning January 1, 2012, the Department of Revenue may appoint motor vehicle dealers to act as agents for purpose of titling and registering motor vehicles. Motor vehicle dealers are also authorized under the act to collect and remit sales taxes on motor vehicles. The motor vehicle dealer may only act as an agent for these purposes for an initial sale or lease of a motor vehicle and not subsequent registrations (Section 32.095).

The act provides that motor vehicle dealers authorized to act as agents for the department cannot collect the fee office fees authorized by Section 136.055.

Beginning July 1, 2010, any motor vehicle dealer may apply to the Director of Revenue for authority to collect and remit motor vehicle sales taxes on all motor vehicles sold by that motor vehicle dealer. A motor vehicle dealer who is granted the authority to collect motor vehicle sales taxes shall be subject to the sales tax law as contained in Chapter 144 (Section 144.070). Motor vehicle dealers that are authorized to collect and remit motor vehicle sales taxes are entitled to retain 2% of the motor vehicle sales tax. No moneys from the general revenue fund or other state fund shall be used to compensate motor vehicle dealers for their role in collecting and remitting motor vehicle sales taxes.

Motor vehicle dealers who collect sales taxes on motor vehicles must include the amount of state and local sales taxes collected on each motor vehicle or trailer sold in its monthly sales report (Section 301.280).

The act also provides that a motor vehicle dealer's license may be suspended or revoked if such dealer violates or assists another person to violate the sales tax law (Chapter 144)(Section 301.562). These provisions are similar to ones contained in SB 363 (2009)(32.063, 32.095, 136.055, 144.060, 144.070, 301.280, and 301.562).

FEE OFFICE COMPETITIVE BIDDING PROCESS - This act requires the Director of the Department of Revenue to award fee office contracts through a competitive bidding process. (Section 136.055). This portion of the act is similar to SB 561 (2009).

EXPUNGEMENT OF RECORDS OF CDL HOLDERS - This act prohibits the expungement of a minor in possession (MIP) charge for holders of commercial driver's licenses or persons operating commercial motor vehicles at the time of the violation (Section 311.326). The act also provides that no records shall be expunged if a person is found guilty with a BAC of .04 or greater and is holding a commercial driver's license at the time of the offense (Section 302.545). This provision is also contained in the truly agreed to version of HB 683 (2009), SS/SCS/SB 761 and 774 (2008) and SS/SCS/SB 239 et al (2007).

FAILURE TO APPEAR - This act includes failure to appear by a commercial license holder or operator of a commercial motor vehicle as an commercial driver offense requiring indefinite suspension until compliance (Section 302.700 and 302.755). This provision is also contained in the truly agreed to version of HB 683 (2009), SS/SCS/SB 761 and 774 (2008) and SS/SCS/SB 239 et al (2007).

CDL MILITARY EXEMPTION - This act provides that a military member while driving a vehicle for military purposes is exempt from possessing a CDL. Current law provides that the military member must be driving a military vehicle to qualify for the exemption (Section 302.775). This provision was contained in the truly agreed to version of HB 683 (2009), SS/SCS/SB 761 and 774 (2008) and SS/SCS/SB 239 et al (2007).

FARMER CDL EXEMPTION - This act clarifies the CDL exemption for persons driving farm vehicles. In order to qualify for the exemption, the farm vehicle must be controlled by a farmer or family member, be used to transport agricultural products, machinery, or supplies to or from a farm, not be used in the operations of a common or contract carrier, and be used within 150 miles of the farmer's farm (Section 302.775). This provision was contained in SS/SCS/SB 761.

HAZARDOUS MATERIAL ENDORSEMENT REVOCATION - This act requires the state to immediately revoke a hazardous material endorsement upon receipt of an Initial Determination of Threat Assessment and Immediate Revocation from the Transportation Security Administration. The state must revoke or deny a hazardous material indorsement within 15 days of receipt of a final determination (Section 302.735).

HAZARDOUS MATERIAL DEFINITION - This act modifies the definition of hazardous materials to correspond with federal law and regulations (Section 302.700).

DRIVING WHILE OUT OF SERVICE - This act provides that any person convicted for driving while out of service shall be disqualified from driving a commercial motor vehicle in a manner prescribed by the federal regulations (Section 302.755).

ALCOHOL-RELATED ENFORCEMENT CONTACT - Under this act, a person is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted for the 1st violation of an alcohol-related enforcement contact (Section 302.755).

TRANSPORTATION INSPECTOR GENERAL - This act eliminates the position of the Transportation Inspector General contained within the Joint Committee on Transportation Oversight. These provisions are contained in SB 31 (2009)(Sections 226.030 and 21.795).

TOWING BY LAW ENFORCEMENT - Under current law, property is deemed abandoned when it has been on the right-of-way of any highway or freeway in an urbanized area for 10 hours, but property on the right-of-way on any highway or freeway outside of an urbanized area is not abandoned until it has been on the right-of-way for 48 hours. This act amends the current law so that a law enforcement officer may authorize a towing company to remove property left unattended for 12 hours on the right-of-way on any highway or freeway outside of an urbanized area. This act authorizes law enforcement officers to tow abandoned vehicles abandoned by persons who elude arrest for offenses the officer would have taken the offender into custody. The act also authorizes law enforcement officers to immediately remove abandoned property from the right of way of any interstate highway, freeway, or state highway if the abandoned property is creating a traffic hazard. Currently, this provision of law only authorizes the department of transportation to immediately remove the hazard from a state highway (Section 304.155).

STORAGE CHARGES CAP - Under the terms of this act, storage charges for towed vehicles shall not exceed $25 pre day (Section 304.161).

DEAD RED - This act provides that a person operating a motorcycle or bicycle who enters or crosses an intersection controlled by a traffic-control signal against a red light shall have an affirmative defense to that charge if the person establishes all of the following conditions:

(1) The motorcycle or bicycle has been brought to a complete stop;

(2) The traffic signal continues to show a red light for an unreasonable time;

(3) The traffic signal is apparently malfunctioning or, if programmed or engineered to change to a green light only after detecting the approach of a motor vehicle, the signal has apparently failed to detect the arrival of the motorcycle; and

(4) No motor vehicle or person is approaching on the street or highway to be crossed or entered or is so far away from the intersection that it does not constitute an immediate hazard.

The affirmative defense applies only to a violation for entering or crossing an intersection controlled by a traffic-control signal against a red light and does not provide a defense to any other civil or criminal action. This provision is contained in SB 368 (2009). A similar provision was contained in SB 614 (2007) and SCS/SB 969 (2006). This provision is also contained in SS/SCS/SB 239 et al (2007)(Section 304.285).

REVISION OF THE SPECIAL LICENSE PLATE PROCEDURE - Under the proposed act, the Joint Committee on Transportation Oversight's role in approving special license plates is modified (Section 21.795). In lieu of receiving unanimous approval by the Joint Committee on Transportation Oversight for a special license plate application, only a majority vote from the committee is required. In addition, the committee shall approve a special license plate application unless the committee receives a signed petition signed by 5 House members or 5 Senators stating the reason for their opposition. The committee may disapprove a special license plate application if the proposed plate contains objectionable language or design or if the organization seeking the special license plate has not complied with the special license plate statute or accompanying rules (Sections 21.795). These provisions can also be found in the truly agreed to version of HB 83 (2009).

TRACTOR PARADES - This act exempts tractors used in tractor parades from certain width, length, height, and license plate display regulations provided the tractors are driven by licensed drivers during daylight hours only and with the approval of the superintendent of the Missouri State Highway Patrol (Sections 304.170 and 304.260). These provisions are contained in the truly agreed to version of HB 683 and SB 293 (2009).

VETERANS MEMORIAL HIGHWAY - This act designates a portion of Missouri Highway 100 in Franklin County as the "Veterans Memorial Highway" (Section 227.310). This provision is contained in the truly agreed to version of HB 683 (2009).

DIESEL FUEL DEFINITION - This act modifies the definition of diesel fuel for the purposes of the motor fuel tax law to exclude biodiesel commonly referred to as B100 until such biodiesel is blended with other diesel fuel or sold for highway use (Section 142.800). This provision is also contained in the truly agreed to version of HB 683.

MOTOR VEHICLE VIOLATIONS - This act modifies numerous penalties for violations of motor vehicle licensing, registration, and equipment statutes. The act makes certain motor vehicle registration violations punishable as infractions rather than various classes of misdemeanors. These provisions can be found in SB 342 (2009), SB 101 (2007), HCS/SS/SCS/SBs 239, 24 & 445 ( 2007), and SB 1143 (2006).

This act changes the penalty for violating Missouri's historic motor vehicle 1,000 mile personal use limitation from a Class C misdemeanor to a violation punishable by a fine of not less than five dollars or more than five hundred dollars (Section 301.131).

The act changes the penalty for fastening voided plates to a motor vehicle from a Class C misdemeanor to a violation punishable by a fine of not less than five dollars or more than five hundred dollars (Section 301.150). This provision is contained in the truly agreed to version of HB 683 (2009).

The penalty for failing to surrender a mutilated or worn plate for which a duplicate has been issued is changed from a misdemeanor to a violation punishable by a fine of not less than five dollars or more than five hundred dollars (Section 301.310).

This provision is contained in the truly agreed to version of HB 683 (2009).

The act provides that the penalty for knowingly making a false statement in the application for the registration of a motor vehicle is a Class C misdemeanor (Section 301.420). This provision is contained in the truly agreed to version of HB 683 (2009).

The act removes the imposition of a jail sentence for various motor vehicle registration violations in which no specific statutory penalty is provided and provides that such violations shall be punishable by a fine of not be less than $5 nor more than $500. The current law provides that certain motor vehicle registration violations are punishable by imprisonment in the county jail for a term not exceeding one year or by a fine of not less than $5 or more than $500, or by both (Section 301.440).

This provision is contained in the truly agreed to version of HB 683 (2009).

MOBILITY MOTOR VEHICLE DEALERS - Under this act, a mobility motor vehicle dealer may purchase new motor vehicles from franchised dealers to equip such vehicles for retail sale as a mobility motor vehicle. Mobility motor vehicle dealers may also display new motor vehicles to disabled persons to equip the vehicles as mobility motor vehicles for such persons. A mobility motor vehicle dealer who purchases a new motor vehicle from a franchised dealer to equip the vehicle as a mobility motor vehicle shall not advertise the vehicle for resale until the vehicle is equipped as a mobility motor vehicle (Section 301.571).

ATV CERTIFICATE OF OWNERSHIP - This act allows a bill of sale to be used to show ownership in the application for a certificate of ownership for an all-terrain vehicle (Section 301.700).

Under the act, violations of Missouri's ATV titling and registration laws are punishable as infractions (Section 301.716).

Under the act, failure to secure truck load violations are punished as infractions rather than Class C misdemeanors (Section 307.010).

Under the act, the punishment for a mud flap violation is changed from a Class B misdemeanor to an infraction (Section 307.015). These provisions are contained in the truly agreed to version of HB 683 (2009).

Under the act, the punishment for a spotlamp violation is changed from a Class C misdemeanor to an infraction (Section 307.090). The act further provides that violations of certain motor vehicle lighting regulations shall be punishable as infractions rather than misdemeanors (Section 307.120). Under the act, the punishment for improperly lighting or marking an animal-driven vehicle is changed from a Class C misdemeanor to an infraction (Section 307.125).

Under the act, the punishment for certain motor vehicle safety glass violations is changed from a Class C misdemeanor to an infraction (Section 307.155). Under the act, the punishment for altering the front or rear of a motor vehicle or operating a motor vehicle without proper bumpers is changed from a Class C misdemeanor to an infraction (Section 307.172). Under the act, the punishment for a window tinting violation is changed from a Class C misdemeanor to an infraction (Section 307.173). Under the act, the punishment for operating a motorized bicycle without a license or operating a motorized bicycle upon an interstate highway is changed from a Class C misdemeanor to an infraction (Section 307.195).

Under the act, the punishment for an ATV equipment violation is changed from a Class C misdemeanor to an infraction (Section 307.198). Under the act, the punishment for violating certain motor vehicle inspection station regulations is changed from a misdemeanor to a Class C misdemeanor (Section 307.365). Under the act, the punishment for school bus inspection violations is changed from a misdemeanor to a Class C misdemeanor (Section 307.375).

Under the act, the punishment for violating Missouri's motor vehicle safety inspection regulations is changed from a misdemeanor to an infraction (Section 307.390). Under the act, the punishment for violating certain commercial motor vehicle regulations is changed from a Class B misdemeanor to an infraction (Section 307.400). This act provides that for an infraction, all court costs, fees, surcharges, and other charges shall be assessed in the same manner and amount as for a misdemeanor (Section 488.006).

Under this act, an offense is an infraction if it is designated as one, or if a violation can result only in a fine, forfeiture, or other civil penalty. A determination of whether an infraction has occurred shall be made by the filing of a civil action. The action shall be filed by a person who is authorized to bring a criminal action or an action to enforce an ordinance. The action will be brought in the name of the state or the appropriate political subdivision. An infraction violation shall be proved by a preponderance of the evidence but shall not be tried by a jury. If an infraction violation is proven, judgment shall be entered for the plaintiff. This act requires any driver to stop on signal of any law enforcement officer and to obey any reasonable signals of such officer given in the course of enforcing any infraction. Any person who fails or refuses to obey any such signal or who resists an officer while enforcing any infraction, shall be guilty of a Class A misdemeanor (Section 556.021).

HEADLAMP MODULATORS - Under this act, headlamp modulators may be used on motorcycles under certain conditions (Section 307.128).

VETERANS MEMORIAL HIGHWAY - This act designates a portion of Poplar Bluff Bypass in Butler County as the "Veterans Memorial Highway" (Section 227.311). This provision is contained in the truly agreed to version of HB 683 (2009).

MARTIN LUTHER KING JR MEMORIAL MILE - This act designates a portion of Missouri Highway 266 in Green County as Dr. Martin Luther King Jr. Memorial Mile (Section 227.313). This provision is contained in the truly agreed to version of HB 683 (2009).

JAMES FINLEY MEMORIAL BRIDGE - This act designates a bridge in Laclede County as the "Specialist James M. Finley Memorial Bridge" (Section 227.368). This section is also contained in SB 84 and SCS/HB 91 (2009). This provision is contained in the truly agreed to version of HB 683 (2009).

WWII OKINAWA VETERANS MEMORIAL BRIDGE - This act designates the bridge over the Gasconade River on State Highway 17 in Pulaski County as the "WWII Okinawa Veterans Memorial Bridge" (Section 227.402). This section is also contained in SB 84 and SCS/HB 91 (2009). This provision is contained in the truly agreed to version of HB 683 (2009).

LAMAR HUNT MEMORIAL HIGHWAY - This act designates a portion of Interstate 435 as the "Lamar Hunt Memorial Highway." This provision can be found in SCS/HB 91 and HB 358 (2009)(Section 227.407). This provision is contained in the truly agreed to version of HB 683 (2009).

JACK BUCK MEMORIAL HIGHWAY - This act designates a portion of I-64/US 40 as the “Jack Buck Memorial Highway (Section 227.409).

RABBI ABRAHAM JOSHUA HESCHEL MEMORIAL HIGHWAY - This act designates a portion of U.S. Highway 160 in Greene County as the "Rabbi Abraham Joshua Heschel Memorial Highway" (Section 227.410). This provision is contained in the truly agreed to version of HB 683 (2009).

OFF-HIGHWAY VEHICLES - This act allows certain off-highway vehicles to be operated on gravel or dirt roads in 3rd and 4th class counties provided certain conditions are met. An off-highway vehicle may not be operated in such a manner that creates damage to the environment (excessive pollution of the air, water, land etc.). Off-highway vehicles must be meet certain equipment standards under the act. Off-highway vehicles must be equipped with adequate brakes, lighted headlights and taillights, mufflers, and safety flags. Persons operating such vehicles on public or state land must wear protective eyewear and protective headgear. A violation of this provision is a class C misdemeanor (Section 300.349).

SPECIALTY PLATES - Under this act, the Department of Revenue shall not issue specialty plates until it receives 200 applications. If the total number of specialty plates issued falls below 200, then the department does not have to accept applications for such plate (Section 301.2998).

BRAIN TUMOR AWARENESS PLATES - This act authorizes the issuance of Brain Tumor Awareness Organization special license plates (section 301.165). This provision can be found in SB 134 (2009). This provision is contained in the truly agreed to version of HB 683 (2009).

ARMED FORCES EXPEDITIONARY MEDAL PLATE - This act also allows persons who have been awarded the Armed Forces Expeditionary Medal to receive a special license plate inscribed with the words "expeditionary service" and bearing a reproduction of the Armed Forces Expeditionary Medal. This provision was contained in the truly agreed to version of HB 683 (2009), SB 134 (2009) and SB 856 (2008)(Section 301.3155).

CREATION OF SPECIAL LICENSE PLATES - This act also creates the Legion of Merit Medal specialty license plate, the Missouri Bicycle Federation special license plate, the Nixa Education Foundation special license plate, the National Wild Turkey Federation license plate, the Missouri Stream Team Watershed Coalition special license plate, and the Missouri State Drug Abuse Resistance Education license plate.

MOTORCYCLE PERMIT RESTRICTIONS - Under this act, certain persons with temporary motorcycle permits are prohibited from carrying passengers and traveling during nighttime hours (Section 302.132)

CENTRALIZED VIOLATION BUREAU - Under this act, any court using a centralized violation bureau may elect to have the bureau order and verify completion of driver improvement programs or motorcycle-rider training courses. If a person has been ordered by the court to attend a driver-improvement program or a motorcycle-rider training program, the person also consents to attendance at any such program, and to verification of such attendance as directed by the bureau, when he or she pays the fines and court costs (Sections 302.302 and 476.385).

ASSAULT OF HIGHWAY WORKERS AND CORRECTION OFFICERS - The crime of assault of a law enforcement officer, emergency personnel, or probation and parole officer in the first, second, and third degree is expanded to include highway workers in construction or work zones and correction officers (Sections 565.081 - 565.083)

DRIVER'S OR NONDRIVER'S LICENSE OF A PERMANENTLY DISABLED PERSON - An individual who is permanently disabled is allowed to apply to the Department of Revenue to have a notation indicating that status on his or her driver's or nondriver's license. The department will establish the cost and criteria for the placement of the notation (Section 302.182). This provision is also contained in the truly agreed to version of HB 683 (2009).

MOBILITY MOTOR VEHICLE DEALERS - Under this act, a mobility motor vehicle dealer may purchase new motor vehicles from franchised dealers to equip such vehicles for retail sale as a mobility motor vehicle. Mobility motor vehicle dealers may also display new motor vehicles to disabled persons to equip the vehicles as mobility motor vehicles for such persons. A mobility motor vehicle dealer who purchases a new motor vehicle from a franchised dealer to equip the vehicle as a mobility motor vehicle shall not advertise the vehicle for resale until the vehicle is equipped as a mobility motor vehicle (Section 301.571).

HIGHWAY WORK ZONE VIOLATIONS - This act provides that no person shall be cited for an enhanced highway worker penalty when no highway workers are located or working within the construction zone or work zone at the time the alleged violation occurred (Section 304.582).

TRAILER SAFETY - This act prohibits any person from climbing, standing, or working on top of any trailer or semitrailer stopped along any highway unless proper safety precautions are taken (Section 304.870).

WARRANTY WORK ON MOTOR VEHICLES BY NON-AUTHORIZED DEALERSHIPS - Under this act, any motor vehicle manufacturer selling new motor vehicles in Missouri shall allow a non-authorized dealership or non-authorized motor vehicle repair facility to perform warranty work or repairs that are generally required to be performed by an authorized dealership or repair facility provided that:

(1) The authorized dealership or authorized motor vehicle repair facility that would have performed the warranty work or repairs has discontinued doing such warranty work;

(2) No other authorized dealership or authorized motor vehicle repair facility is located within 75 miles of the authorized dealership or authorized motor vehicle repair facility that has discontinued performing warranty work;

(3) The non-authorized dealership or non-authorized motor vehicle repair facility is located within 75 miles of the current authorized dealership or authorized repair facility that has discontinued performing warranty work or repairs; and

(4) The non-authorized dealership or non-authorized motor vehicle repair facility is certified by the National Institute for Automotive Service Excellence.

Under the terms of the act, any dealership or repair facility completing warranty work and repairs for the manufacturer shall use original equipment manufacturer parts if required by the manufacturer to retain the warranty unless the original equipment manufacturer parts will not arrive within 5 business days. If the original manufacturer parts will not arrive within 5 business days, aftermarket parts may be used but only if the parts would arrive prior to the original equipment parts. The use of aftermarket parts shall not void the manufacturer warranty nor shall such parts be covered by the manufacturer warranty (Section 407.584 ). This provision is similar to one contained in HB 281 (2009).

CONVEYANCE OF PROPERTY FOR MISSISSIPPI RIVER BRIDGE - This act authorizes the Governor to convey a parcel of real property, which is being currently used by the Department of Corrections as a minimum security correctional facility, to the Missouri Highways and Transportation Commission for the new Mississippi River Bridge project. This provision is contained in SB 179 (2009)(Sections 1 to 5).

STEPHEN WITTE