Missouri Senate

Perfected

BREAST CANCER AWARENESS SPECIAL LICENSE PLATE - Under current law, to obtain a Breast Cancer Awareness special license plate, a person must pay a $25 emblem-use authorization fee to the Friends of the Missouri Women's Council and submit to the director of the Department of Revenue an application along with an emblem-use authorization statement issued by the council. This act requires the emblem-use authorization fee to be paid to the newly established Breast Cancer Awareness Fund. The act further replaces the words "MISSOURI WOMEN'S COUNCIL" with "BREAST CANCER AWARENESS" on the special license plate (Section 301.3084).

USE OF PUBLIC STREETS - This act requires a municipality to allow at least one street, with lawful traffic movement and access from both directions, to be used by commercial vehicles to access any roads in the state highway system (section 304.120). The act also prohibits any civil action for a public or private nuisance on the basis of an individual or business entity legally using a vehicle on a public street or highway (Section 537.293).

REGULATION OF HOUSEHOLD GOODS MOVERS - This act modifies provisions relating to the regulation of household goods movers. These provisions are similar to the ones contained in SB 58 (2011).

Under the terms of this act, household goods movers will no longer have to file their schedule of rates, fares and charges with the state highways and transportation commission. A household goods mover must maintain and publish its schedules of rates, fares, rules, and charges in its stations and offices. Such rates shall be available for inspection by the commission, shippers, and the public (Sections 387.040 and 387.050).

This act prohibits household goods movers from participating in joint tariffs. The act allows joint tariffs relating to the transportation of household goods over through routes or in interline service involving two or more separate motor carriers. Carriers of household goods participating in through routes or interline service shall publish joint tariffs or individual tariffs for each participating carrier (no longer have to file joint tariffs with the commission). In addition, household goods movers will no longer be required to file sworn copies of every contract with other motor carriers with the commission (Sections 387.080 and 390.116).

Under current law, household goods carriers are prohibited from using schedules of rates that divide the state into territorial rate areas. This act removes this restriction (Section 387.110).

Under the terms of this act, the commission no longer has the authority to fix rates with reference to the transportation of household goods. Rates published by household goods movers are presumed to prima facie lawful (Section 387.207)

Under this act, all rate orders issued by the commission affecting the transportation of household goods, to the extent such rate orders prescribe any minimum or maximum rates for the transportation of such goods, shall be vacated. Other provisions contained in the rate orders unrelated to prescribing maximum or minimum rates shall not be vacated (Section 387.355).

The act eliminates the requirement that household goods or non charter passenger carriers demonstrate that their proposed service will serve a useful present or future public purpose when applying for a certificate of authority or permit. Concomitantly, applicants for household goods or passenger certificates or permits will not have to satisfy the public convenience and necessity test when proposing a new service, an extension of existing service, or a transfer of authority. An applicant for a household goods or passenger certificate of authority or permit will have to show that they are fit, willing, and able to perform the service, and that they will conform to other standards established by law.

Under this act, the commission shall not restrict any certificate or permit authorizing the transportation of household goods or passengers with reference to any route or routes (Sections 390.051 and 390.061).

Under this act, any geographic restriction or provision limiting a household goods carrier's scope of authority to particular routes within this state contained in a certificate or permit, or both, which was issued prior to August 28, 2011, and any similar provision contained in a carrier's tariff schedule filed prior to such date, shall be deemed void. In lieu of the geographic restrictions expressed in such certificates, permits, or tariff schedules, a motor carrier shall be authorized to provide intrastate transportation of household goods between all points and destinations within the state until such time the certificates, permits, and tariff schedules are reissued or amended to reflect the motor carrier's statewide operating authority (Section 390.280).

Beginning August 28, 2011, no certificate of authority or permit shall be issued or renewed unless the applicant demonstrates that the applicant has workers' compensation insurance coverage that complies with Missouri law for all its employees. If any household goods carrier is found by the division of workers' compensation to be out of compliance with the workers' compensation law, the division shall report such fact to the state Highways and Transportation Commission. The commission shall suspend the household goods carrier's certificate or permit until such time the carrier demonstrates that it has procured workers' compensation insurance coverage (Section 390.054).

This act requires the commission to establish consumer protection requirements for motor carriers transporting household goods in intrastate commerce (Section 387.137 ).

This act requires the Division of Motor Carriers to develop a complaint process. The complaint process shall keep a record for each complaint and shall record findings made at each step of the complaint process, provide an explanation for a complaint dismissal, and provide other information (Section 387.139).

NATIONAL WILD TURKEY FEDERATION SPECIAL LICENSE PLATE - This act allows for a special license plate for a member of the National Wild Turkey Federation. To obtain the plate, a person must submit an application to the director accompanied by an emblem-use authorization statement along with an additional $15 fee. Any person who was previously issued a federation plate and who does not provide an emblem-use authorization statement at a subsequent time of registration will be issued a new plate which does not bear the federation's emblem (Section 301.4036).

NRA SPECIALIZED LICENSE PLATES - This act allows any member of the National Rifle Association to obtain a specialized license plate bearing the organization's official emblem after paying a $25 emblem-use fee to the NRA, a specialized plate of $15 to the department of revenue, and the payment of regular registration fees (Section 1).

CONCEALED CARRY ENDORSEMENT - Under the terms of this act, a nondriver's license containing a concealed carry endorsement shall expire 3 years from the date the certificate of qualification was issued. The fee for nondriver's licenses issued for a period exceeding three years is $6 or $3 for nondriver' s licenses issued for a period of 3 years or less (Sections 302.181 and 571.101).

STEPHEN WITTE