Read 1st time January 15, 1996, and 1,000 copies ordered printed.

Read 2nd time January 24, 1996, and referred to the Committee on Transportation.

Reported from the Committee February 19, 1996, with recommendation that the bill do pass and be placed on the Consent Calendar.

Taken up February 28, 1996. Read 3rd time and placed upon its final passage; bill passed.

TERRY L. SPIELER, Secretary.

S3034.01P

To repeal sections 390.150 and 622.010, RSMo 1994, relating to motor carriers, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Sections 390.150 and 622.010, RSMo 1994, are repealed and thirteen new sections enacted in lieu thereof, to be known as sections 390.150, 622.010, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, to read as follows:

390.150. 1. Every intrastate common or contract carrier of household goods or passengers shall submit once a year to the division on or before April fifteenth a financial statement for the year ending December thirty-first preceding stating only the assets and liabilities of the carrier.

2. The division shall determine the form of the financial statement and a blank form will be furnished by the agency to each intrastate common or contract carrier of household goods or passengers.

3. The division may also require such corporations or persons to file additional statistical information covering a period and time as determined by the agency; [shall] may notify the corporation or person to amend a defective or believed to be erroneous financial statement; or may extend the filing of such statement for a period not exceeding sixty days.

4. Each motor carrier [will] of passengers or property shall keep its books and records as prescribed by the division. These records, as well as records of affiliates, entities under common control or any other related parties, shall be subject to inspection at any time by the division or its authorized representatives.

5. If [such corporation or person] any intrastate common or contract carrier of household goods or passengers shall fail to make and file the financial statement within the time specified above or within the time extended by the division, or shall fail to provide additional statistical information when required, or if any motor carrier of passengers or property shall fail to maintain adequate records, or fail to correct any inadequacies in [his] the carrier's recordkeeping, the division may suspend the certificate upon notice to the motor carrier or seek penalties [for the sum of one hundred dollars for each day the carrier shall continue to be in default for noncompliance of the above items]. The penalties recovered [will] shall be deposited to the credit of the public school fund of the state.

622.010. A Transportation Division" is hereby established within the department of economic development. Effective on July 1, 1997, the name Transportation Division" shall be changed to the Division of Motor Carrier and Railroad Safety". The division shall be headed by a director, nominated by the department director and appointed by the governor with the advice and consent of the senate. [He] The director shall be the chief administrative officer of the division.

Section 1. 1. As used in sections 1 to 11 of this act, the following terms mean:

(1) Division", the division of transportation within the department of economic development of this state, which, beginning July 1, 1997, shall be the division of motor carrier and railroad safety;

(2) Household goods" includes:

(a) Personal effects and property used or to be used in a dwelling when a part of the equipment or supply of such dwelling, and such other similar property as the division may provide by rule; except that this paragraph shall not be construed to include property moving from a factory or store, except such property as the householder has purchased with intent to use in the householder's dwelling and which is transported at the request of, and the transportation charges paid to the carrier by, the householder;

(b) Furniture, fixtures, equipment and the property of stores, offices, museums, institutions, hospitals or other establishments when a part of the stock, equipment or supply of such stores, offices, museums, institutions, hospitals or other establishments, and such other similar property as the division may provide by rule; except that this paragraph shall not be construed to include the stock-in-trade of any establishment, whether consignor or consignee, other than used furniture and used fixtures, except when transported as incidental to moving of the establishment, or a portion thereof, from one location to another;

(c) Articles, including objects of art, displays and exhibits, which because of their unusual nature or value require the specialized handling and equipment usually employed in moving household goods and such other similar articles as the division may provide by rule; except that this paragraph shall not be construed to include any article, whether crated or uncrated, which does not, because of its unusual nature or value, require the specialized handling and equipment usually employed in moving household goods;

(3) Property carrier registration", a document issued by the division pursuant to sections 1 to 11 of this act which identifies a person as a registered property carrier and authorizes that person to engage in the transportation by motor vehicle of property except household goods for hire or compensation in intrastate commerce on the public highways in this state;

(4) Registered property carrier", a person who is authorized to engage in the transportation by motor vehicle of property, except household goods, for hire or compensation in intrastate commerce on the public highways in this state. This term is included within the term common carrier" as defined in section 390.020, RSMo.

2. Notwithstanding any provisions of section 390.020, RSMo, or chapter 622, RSMo, to the contrary, the provisions of this section which define words shall also apply to and determine the meaning of all words used in chapters 390, RSMo, and 622, RSMo. Except as otherwise provided in this section, or when the context clearly requires otherwise, the provisions of section 390.020, RSMo, and chapter 622, RSMo, which define words shall also apply to and determine the meaning of words used in sections 1 to 11 of this act.

Section 2. 1. The division shall neither enforce any law nor make or enforce any rule or order relating to the prices, routes or services of registered property carriers or of common carriers or contract carriers of property for hire or compensation by motor vehicle in intrastate commerce on the public highways in this state, except with reference to the transportation of household goods or passengers or as expressly authorized in sections 1 to 11 of this act.

2. Except as preempted by section 601 of the Federal Aviation Administration Authorization Act of 1994, the powers, duties and functions of the division with reference to motor vehicles or common carriers pursuant to the provisions of chapters 386, RSMo, 387, RSMo, 390, RSMo, and 622, RSMo, that are not inconsistent with the provisions of sections 1 to 11 of this act, are hereby made applicable to the division with reference to registered property carriers, including the division's power to enforce wholly within terminals the rules and regulations promulgated by the director of the department of public safety pursuant to section 307.400, RSMo, as they apply to motor vehicles.

3. The provisions of sections 390.051, 390.061, 390.062, 390.081, and 390.111, RSMo, shall not apply to the transportation of property in intrastate commerce, except with reference to household goods as defined in section 1 of this act.

Section 3. Except as otherwise provided in section 390.030, RSMo, no person shall engage in the business of transporting property except household goods by motor vehicle for hire or compensation in intrastate commerce on any public highway in this state, unless there is in force with respect to that person a property carrier registration issued by the division pursuant to the provisions of sections 1 to 11 of this act, which authorizes such transportation.

Section 4. 1. Certificates or permits, or both, which were issued before January 1, 1995, and which authorized a person to transport any property in intrastate commerce by motor vehicle as a common carrier or contract carrier, or both, are void, except that to the extent such certificates or permits, or portions thereof, authorized a person to transport household goods over irregular routes or passengers in intrastate commerce, or any property or passengers in interstate commerce, those certificates or permits, or portions thereof, are exempt from the provisions of this subsection.

2. Persons who owned certificates or permits, or both, that were in active status with the division on December 31, 1994, and persons to whom the division issued certificates and permits after December 31, 1994, pursuant to emergency rules adopted by the division, are deemed to be qualified as registered property carriers, unless the person's certificate or permit has been suspended, revoked or transferred to another person as provided by law. A person deemed qualified pursuant to this subsection is not required to file an application pursuant to section 5 of this act to continue providing intrastate transportation as a registered property carrier, but rather, upon such person's compliance with the licensing and insurance requirements of the division the person is deemed to have a property carrier registration in force as required pursuant to section 3 of this act, authorizing the person to transport property except household goods in intrastate commerce on the public highways, unless the person's property carrier registration is suspended, revoked or transferred to another person as provided by law. Within a reasonable time after the effective date of this section, the division shall issue property carrier registrations to all persons who are deemed to be qualified as registered property carriers and deemed to have property carrier registrations in force pursuant to this subsection.

3. Notwithstanding any provision of this section to the contrary, this section shall not be construed as authorizing any person to transport any hazardous material as designated in Title 49, Code of Federal Regulations, except hazardous materials which that person was expressly authorized to transport in intrastate commerce within this state on the effective date of this section. A person may file an application for property carrier registration pursuant to section 5 of this act to transport additional hazardous materials.

Section 5. 1. Every application for a property carrier registration pursuant to sections 1 to 11 of this act shall be completed and filed in the form and manner prescribed by rule of the division, shall be verified by the applicant under penalty of perjury and shall not be filed by the division until it has received the following:

(1) A certificate of insurance or surety bond executed by the applicant's insurer or surety, or order of the division approving self-insurance by the applicant, which certifies that the applicant is covered against personal injury and property damage liability, except damage to property transported as cargo by the applicant, resulting from negligent motor vehicle operations by the applicant in this state, which is completed and filed in the prescribed form, manner and amount and is approved by the division in accordance with rules of the division pursuant to section 390.126, RSMo;

(2) A regulatory license application showing the number and type of vehicle licenses requested by the applicant for each motor vehicle to be operated in intrastate commerce in this state under the requested property carrier registration during the year for which the application is made, together with payment of the aggregate license fees payable with reference to those motor vehicles, which is completed, filed and paid in the form and manner prescribed by rule of the division pursuant to section 390.136, RSMo; and

(3) Information required by rule of the division relating to the applicant's compliance and willingness to comply with any laws, rules, regulations or orders relating to registration, licensing, liability insurance or safety, and applicable to the applicant's motor vehicles, drivers or operations as a common carrier, contract carrier, registered property carrier or private carrier by motor vehicle, including any state or federal laws, rules, regulations or orders relating to the transportation of any hazardous material as designated in Title 49, Code of Federal Regulations.

2. One of the division's administrative law judges shall determine on the basis of the information filed by the applicant, evidence submitted by the division staff, and any other information received by the division and filed of record in the case, whether the applicant is in compliance and willing to comply with the laws, rules, regulations and orders relating to registration, licensing, liability insurance, safety and hazardous materials, which are applicable to the applicant's motor vehicles, drivers or operations as a registered property carrier by motor vehicle. If the administrative law judge determines that the applicant is qualified, the application shall be granted and a property carrier registration shall be issued without a hearing. If the administrative law judge determines that the information on record concerning the applicant's qualifications is not adequate to finally determine the application, the division may investigate the applicant's qualifications more thoroughly before the administrative law judge makes a final determination of the application. If the administrative law judge or the division staff opposes the issuance of a property carrier registration, then a hearing shall be held to determine the merits of the application and whether a property carrier registration shall be issued.

3. The division shall not restrict the property carrier registration with reference to any specific commodities, routes or service, except that the division shall restrict the applicant's property carrier registration against the transportation of household goods, and shall further restrict against any hazardous material as designated in Title 49, Code of Federal Regulations, if the division finds that the applicant has not shown it is qualified to safely transport that hazardous material in compliance with all registration, liability insurance and safety requirements applicable to the transportation of that hazardous material pursuant to Title 49, Code of Federal Regulations.

Section 6. 1. A property carrier registration, including any certificate or permit, or both, which pursuant to section 4 of this act is deemed to identify a registered property carrier, may be transferred in its entirety by the registered property carrier to whom it was issued, but only if the transfer is approved by the division as provided in this section. The division shall approve the transfer of the property carrier registration if the following requirements are met:

(1) The transfer application is joined in by both the registered property carrier or its authorized representative and the proposed transferee or its authorized representative;

(2) The transfer application is filed in the form and manner prescribed by rule of the division; and

(3) The division finds that the transferee is in all respects qualified as required of an applicant for a new property carrier registration pursuant to section 5 of this act.

2. Upon approval of the transfer of a property carrier registration pursuant to subsection 1 of this section, the division shall transfer the property carrier registration in its entirety, except that the division shall restrict the transferee's property carrier registration against the transportation of any hazardous material formerly authorized under the property carrier registration if the division finds that the transferee has not shown it is qualified to safely transport that hazardous material in compliance with all registration, liability insurance and safety requirements applicable to the transportation of that hazardous material pursuant to Title 49, Code of Federal Regulations. The transferee may file a separate application for property carrier registration pursuant to section 5 of this act to transport additional hazardous materials.

Section 7. Notwithstanding any provisions of section 390.106, RSMo, to the contrary, the division at any time, for good cause, may suspend a certificate, permit or property carrier registration, and after hearing upon at least ten days' notice to the person to whom the division has issued the certificate, permit or property carrier registration authorizing any intrastate transportation of passengers or property by motor vehicle, may revoke, alter or amend any such certificate, permit or property carrier registration upon a finding that the person has failed to comply with any applicable provisions of sections 1 to 11 of this act, or chapter 386, RSMo, 387, RSMo, 389, RSMo, or 622, RSMo, or any safety rules, regulations or orders which may be enforced by the division. Revocation of a certificate, permit or property carrier registration shall not become effective less than thirty days after issuance of an order of revocation by the division.

Section 8. Notwithstanding any provisions of section 516.103, RSMo, to the contrary, in all collateral actions or proceedings the orders and decisions of the division which have become final shall be conclusive, and shall be admissible as evidence of the facts found and the determinations made by the division in all subsequent actions prosecuted by the division which seek judicial or administrative enforcement of division orders or decisions, including by denial of applications, suspension or revocation of certificates, permits or property carrier registrations, recovery of penalties, mandamus or injunctive relief.

Section 9. Notwithstanding any provisions of section 386.480, RSMo, to the contrary, no information furnished to the division by a motor carrier, corporation or person, including the division staff, except such matters as are specifically required to be open to public inspection by the provisions of chapter 386, RSMo, 387, RSMo, 390, RSMo, or 622, RSMo, shall be open to public inspection or made public except on order of the division director or by an administrative law judge in the course of a hearing or proceeding. Any officer or employee of the division who, in violation of the provisions of this section, divulges any such information is guilty of a misdemeanor.

Section 10. Notwithstanding any provisions of section 390.136, RSMo, to the contrary, beginning with the first calendar year after the effective date of this section, the annual licenses required pursuant to section 390.136, RSMo, with reference to motor vehicles operated by motor carriers shall be effective from January first to December thirty-first of the year for which they are issued, and the annual license fees for each calendar year shall be due and payable on or before the thirty-first day of December in the year immediately preceding the year for which they are issued. The division shall begin issuing the annual licenses on October first of each year for the succeeding calendar year, but this shall not preclude the division from continuing to issue the current year's licenses as needed for the remainder of the current calendar year.

Section 11. 1. Notwithstanding any provisions of section 390.045, RSMo, to the contrary, the division shall by rule adopt reasonable training requirements for its enforcement personnel to prepare them for their actual duties of employment; this training need not require any basic law enforcement training as required of peace officers as specified in chapter 590, RSMo.

2. No rule or portion of a rule promulgated pursuant to the authority of sections 1 to 11 of this act shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.