L3034.04T

To repeal sections 386.020, 386.110, 386.210, 386.255, 386.310, 386.320, 386.330, 386.340, 386.350, 386.370, 386.410, 387.010, 387.020, 387.030, 387.040, 387.050, 387.060, 387.070, 387.080, 387.090, 387.100, 387.110, 387.111, 387.120, 387.130, 387.140, 387.150, 387.160, 387.170, 387.180, 387.190, 387.200, 387.210, 387.220, 387.230, 387.240, 387.250, 387.260, 387.270, 387.280, 387.290, 387.300, 387.310, 387.320, 387.330, 387.340, 387.350, 387.360, 387.370, 387.380, 387.390, 387.400, 389.610, 390.150, 508.070 and 622.010, RSMo 1994, relating to transportation regulation, and to enact in lieu thereof ninety-eight 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 386.020, 386.110, 386.210, 386.255, 386.310, 386.320, 386.330, 386.340, 386.350, 386.370, 386.410, 387.010, 387.020, 387.030, 387.040, 387.050, 387.060, 387.070, 387.080, 387.090, 387.100, 387.110, 387.111, 387.120, 387.130, 387.140, 387.150, 387.160, 387.170, 387.180, 387.190, 387.200, 387.210, 387.220, 387.230, 387.240, 387.250, 387.260, 387.270, 387.280, 387.290, 387.300, 387.310, 387.320, 387.330, 387.340, 387.350, 387.360, 387.370, 387.380, 387.390, 387.400, 389.610, 390.150, 508.070 and 622.010, RSMo 1994, are repealed and ninety-eight new sections enacted in lieu thereof, to be known as sections 386.020, 386.110, 386.210, 386.310, 386.320, 386.330, 386.370, 386.410, 387.010, 387.020, 387.030, 387.040, 387.050, 387.060, 387.070, 387.080, 387.100, 387.110, 387.120, 387.130, 387.150, 387.180, 387.190, 387.200, 387.205, 387.207, 387.210, 387.240, 387.270, 387.280, 387.290, 387.300, 387.310, 387.320, 387.340, 389.610, 389.994, 389.996, 390.150, 508.070, 622.010, 622.100, 622.110, 622.115, 622.120, 622.130, 622.140, 622.150, 622.160, 622.170, 622.190, 622.200, 622.210, 622.220, 622.230, 622.240, 622.250, 622.260, 622.290, 622.300, 622.310, 622.320, 622.330, 622.340, 622.350, 622.360, 622.370, 622.380, 622.390, 622.400, 622.410, 622.420, 622.430, 622.440, 622.450, 622.460, 622.470, 622.480, 622.490, 622.500, 622.510, 622.520, 622.530, 622.540, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, to read as follows:

386.020. As used in this chapter, the following words and phrases mean:

(1) "Alternative operator services company", any certificated interexchange telecommunications company which receives more than forty percent of its annual Missouri intrastate telecommunications service revenues from the provision of operator services pursuant to operator services contracts with traffic aggregators;

(2) "Basic interexchange telecommunications service", two-way switched voice service between points in different local calling scopes as determined by the commission;

(3) "Basic local telecommunications service", two-way switched voice service within a local calling scope as determined by the commission, but does not include the offering or provision of basic local telecommunications service at private shared tenant service locations;

(4) "Cable television service", the one-way transmission to subscribers of video programming or other programming service and the subscriber interaction, if any, which is required for the selection of such video programming or other programming service;

(5) "Commission", the "Public Service Commission" hereby created;

(6) "Commissioner", one of the members of the commission;

(7) ["Common carrier" includes all railroad corporations, street railroad corporations, express companies, car companies, sleeping car companies, freight companies, freightline companies, steamboat, power boat, vessel boat and ferry companies, and every corporation, company, association, joint stock company or association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, holding, operating, controlling or managing any such agency for public use in the conveyance of persons or property within this state;

(8)] "Competitive telecommunications company", a telecommunications company which has been classified as such by the commission pursuant to section 392.361, RSMo;

[(9)] (8) "Competitive telecommunications service", a telecommunications service which has been classified as such by the commission pursuant to section 392.361, RSMo, or which has become a competitive telecommunications service pursuant to section 392.370, RSMo;

[(10)] (9) "Corporation" includes a corporation, company, association and joint stock association or company;

[(11)] (10) "Electric plant" includes all real estate, fixtures and personal property operated, controlled, owned, used or to be used for or in connection with or to facilitate the generation, transmission, distribution, sale or furnishing of electricity for light, heat or power; and any conduits, ducts or other devices, materials, apparatus or property for containing, holding or carrying conductors used or to be used for the transmission of electricity for light, heat or power;

[(12)] (11) "Electrical corporation" includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, other than a railroad or street railroad corporation generating electricity solely for railroad or street railroad purposes or for the use of its tenants and not for sale to others, owning, operating, controlling or managing any electric plant except where electricity is generated or distributed by the producer solely on or through private property for railroad or street railroad purposes or for its own use or the use of its tenants and not for sale to others;

[(13)] (12) "Exchange", a geographical area for the administration of telecommunications services, established and described by the tariff of a telecommunications company providing basic local telecommunications service;

[(14)] (13) "Exchange access service", a service provided by a local exchange telecommunications company which enables a telecommunications company or other customer to enter and exit the local exchange telecommunications network in order to originate or terminate interexchange telecommunications service;

[(15) "Express corporation" includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, engaged in or transacting the business of transporting any freight, merchandise or other property for compensation on the line of any common carrier within this state;

(16)] (14) "Gas corporation" includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating, controlling or managing any gas plant operating for public use under privilege, license or franchise now or hereafter granted by the state or any political subdivision, county or municipality thereof;

[(17)] (15) "Gas plant" includes all real estate, fixtures and personal property owned, operated, controlled, used or to be used for or in connection with or to facilitate the manufacture, distribution, sale or furnishing of gas, natural or manufactured, for light, heat or power;

[(18)] (16) "Heating company" includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers, appointed by any court whatsoever, owning, operating, managing or controlling any plant or property for manufacturing and distributing and selling, for distribution, or distributing hot or cold water, steam or currents of hot or cold air for motive power, heating, cooking, or for any public use or service, in any city, town or village in this state; provided, that no agency or authority created by or operated pursuant to an interstate compact established [under] pursuant to section 70.370, RSMo, shall be a heating company or subject to regulation by the commission;

[(19)] (17) "Interexchange telecommunications company", any company engaged in the provision of interexchange telecommunications service which company does not also provide basic local telecommunications service;

[(20)] (18) "Interexchange telecommunications service", telecommunications service between points in two or more exchanges;

[(21)] (19) "Line" includes route;

[(22)] (20) "Local exchange telecommunications company", any company engaged in the provision of local exchange telecommunications service;

[(23)] (21) "Local exchange telecommunications service", telecommunications service between points within an exchange;

[(24)] (22) "Municipality" includes a city, village or town;

[(25)] (23) "Noncompetitive telecommunications company", a telecommunications company other than a competitive telecommunications company or a transitionally competitive telecommunications company;

[(26)] (24) "Noncompetitive telecommunications service", a telecommunications service other than a competitive or transitionally competitive telecommunications service;

[(27)] (25) "Operator services", operator-assisted interexchange telecommunications service by means of either human or automated call intervention and includes, but is not limited to, billing or completion of calling card, collect, person-to-person, station-to-station or third number billed calls;

[(28)] (26) "Operator services contract", any agreement between a traffic aggregator and a certificated interexchange telecommunications company to provide operator services at a traffic aggregator location;

[(29)] (27) "Person" includes an individual, and a firm or copartnership;

[(30)] (28) "Private shared tenant services" includes the provision of telecommunications and information management services and equipment within a user group located in discrete private premises as authorized by the commission by a commercial shared services provider or by a user association, through privately owned customer premises equipment and associated data processing and information management services and includes the provision of connections to the facilities of local exchange telecommunications companies and to interexchange telecommunications companies;

[(31)] (29) "Private telecommunications system", a telecommunications system controlled by a person or corporation for the sole and exclusive use of such person, corporation or legal or corporate affiliate thereof;

[(32)] (30) "Public utility" includes every [common carrier,] pipeline corporation, gas corporation, electrical corporation, telecommunications company, water corporation, heat or refrigerating corporation, and sewer corporation, as these terms are defined in this section, and each thereof is hereby declared to be a public utility and to be subject to the jurisdiction, control and regulation of the commission and to the provisions of this chapter;

[(33) "Railroad" includes every railroad and railway, other than street railroad, by whatsoever power operated for public use in the conveyance of persons or property for compensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations, real estate and terminal facilities of every kind used, operated, controlled or owned by or in connection with any such railroad;

(34) "Railroad corporation" includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, holding, operating, controlling or managing any railroad or railway or any cars or other equipment used thereon or in connection therewith;

(35)] (31) "Rate", every individual or joint rate, fare, toll, charge, reconsigning charge, switching charge, rental or other compensation of any corporation, person or public utility, or any two or more such individual or joint rates, fares, tolls, charges, reconsigning charges, switching charges, rentals or other compensations of any corporation, person or public utility or any schedule or tariff thereof;

[(36)] (32) "Resale of telecommunications service", the offering or providing of telecommunications service primarily through the use of services or facilities owned or provided by a separate telecommunications company, but does not include the offering or providing of private shared tenant services;

[(37)] (33) "Service" includes not only the use and accommodations afforded consumers or patrons, but also any product or commodity furnished by any corporation, person or public utility and the plant, equipment, apparatus, appliances, property and facilities employed by any corporation, person or public utility in performing any service or in furnishing any product or commodity and devoted to the public purposes of such corporation, person or public utility, and to the use and accommodation of consumers or patrons;

[(38)] (34) "Sewer corporation" includes every corporation, company, association, joint stock company or association, partnership or person, their lessees, trustees or receivers appointed by any court, owning, operating, controlling or managing any sewer system, plant or property, for the collection, carriage, treatment, or disposal of sewage anywhere within the state for gain, except that the term shall not include sewer systems with fewer than twenty-five outlets;

[(39)] (35) "Sewer system" includes all pipes, pumps, canals, lagoons, plants, structures and appliances, and all other real estate, fixtures and personal property, owned, operated, controlled or managed in connection with or to facilitate the collection, carriage, treatment and disposal of sewage for municipal, domestic or other beneficial or necessary purpose;

[(40) "Street railroad" includes every railroad by whatsoever type of power operated, and all extensions and branches thereof and supplementary facilities thereto by whatsoever type of vehicle operated, for public use in the conveyance of persons or property for compensation, mainly providing local transportation service upon the streets, highways and public places in a municipality, or in and adjacent to a municipality, and including all cars, buses and other rolling stock, equipment, switches, spurs, tracks, poles, wires, conduits, cables, subways, tunnels, stations, terminals and real estate of every kind used, operated or owned in connection therewith; and the term "street railroad" when used in this chapter, shall also include all motor bus and trolley bus lines and routes and similar local transportation facilities, and the rolling stock and other equipment thereof and the appurtenances thereto, when operated as a part of a street railroad or trolley bus local transportation system, or in conjunction therewith or supplementary thereto, but such term shall not include a railroad constituting or used as part of a trunk line railroad system and any street railroad as defined above which shall be converted wholly to motor bus operation shall nevertheless continue to be included within the term "street railroad" as used herein;

(41) "Street railroad corporation" includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, holding, operating, controlling or managing any street railroad as herein defined; and any such street railroad, and all of its cars, buses, other equipment, instrumentalities, property and operations, shall be governed by and subject to the provisions of this chapter applicable to street railroads and street railroad corporations and not by the provisions applicable to other types of carriers;

(42)] (36) "Telecommunications company" includes telephone corporations as that term is used in the statutes of this state and every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating, controlling or managing any facilities used to provide telecommunications service for hire, sale or resale within this state;

[(43)] (37) "Telecommunications facilities" includes lines, conduits, ducts, poles, wires, cables, crossarms, receivers, transmitters, instruments, machines, appliances and all devices, real estate, easements, apparatus, property and routes used, operated, controlled or owned by any telecommunications company to facilitate the provision of telecommunications service;

[(44)] (38) "Telecommunications service", the transmission of information by wire, radio, optical cable, electronic impulses, or other similar means. As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. Telecommunications service does not include:

(a) The rent, sale, lease, or exchange for other value received of customer premises equipment except for customer premises equipment owned by a telephone company certificated or otherwise authorized to provide telephone service prior to September 28, 1987, and provided under tariff or in inventory on January 1, 1983, which must be detariffed no later than December 31, 1987, and thereafter the provision of which shall not be a telecommunications service, and except for customer premises equipment owned or provided by a telecommunications company and used for answering 911 or emergency calls;

(b) Answering services and paging services;

(c) The offering of radio communication services and facilities when such services and facilities are provided under a license granted by the Federal Communications Commission under the public mobile services rules and regulations;

(d) Services provided by a hospital, hotel, motel, or other similar business whose principal service is the provision of temporary lodging through the owning or operating of message switching or billing equipment solely for the purpose of providing at a charge telecommunications services to its temporary patients or guests;

(e) Services provided by a private telecommunications system;

(f) Cable television service; or

(g) The installation and maintenance of inside wire within a customer's premises;

[(45)] (39) "Telephone cooperative", every corporation defined as a telecommunications company in this section, in which at least ninety percent of those persons and corporations subscribing to receive local telecommunications service from the corporation own at least ninety percent of the corporation's outstanding and issued capital stock and in which no subscriber owns more than two shares of the corporation's outstanding and issued capital stock;

[(46)] (40) "Traffic aggregator", any person, firm, partnership or corporation which furnishes a telephone for use by the public and includes, but is not limited to, telephones located in rooms, offices and similar locations in hotels, motels, hospitals, colleges, universities, airports and public or customer-owned pay telephone locations, whether or not coin operated;

[(47)] (41) "Transitionally competitive telecommunications company", an interexchange telecommunications company which provides any noncompetitive or transitionally competitive telecommunications service, except for an interexchange telecommunications company which provides only noncompetitive telecommunications service;

[(48)] (42) "Transitionally competitive telecommunications service", a telecommunications service offered by a noncompetitive or transitionally competitive telecommunications company and classified as transitionally competitive by the commission pursuant to section 392.361 or 392.370, RSMo;

[(49) "Transportation of persons" includes every service in connection with or incidental to the safety, comfort or convenience of the person transported and the receipt, carriage and delivery of such person and his baggage;

(50) "Transportation of property" includes any service in connection with the receiving, delivery, elevation, transfer in transit, ventilation, refrigeration, icing, storage, and handling of the property transported;

(51)] (43) "Water corporation" includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, controlling or managing any plant or property, dam or water supply, canal, or power station, distributing or selling for distribution, or selling or supplying for gain any water;

[(52)] (44) "Water system" includes all reservoirs, tunnels, shafts, dams, dikes, headgates, pipes, flumes, canals, structures and appliances, and all other real estate, fixtures and personal property, owned, operated, controlled or managed in connection with or to facilitate the diversion, development, storage, supply, distribution, sale, furnishing or carriage of water for municipal, domestic or other beneficial use.

386.110. Each commissioner and each person appointed to office or employment by the governor or by the commission shall, before entering upon the duties of [his] the commissioner's office or employment, take and subscribe to an oath or affirmation to support the Constitution of the United States and of this state, and to faithfully and honestly discharge the duties of such office. No person shall be eligible to appointment or shall hold the office of commissioner, or be appointed by the commission, or hold any office or position under the commission, who holds any official relation to any [common carrier, railroad corporation, street railroad corporation,] gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, heat and refrigerating corporation, sewer corporation, [transportation of freight or property company,] or other public service or public utility corporation or person subject to any of the provisions of this chapter, or who owns stocks or bonds therein, or who has any pecuniary interest therein.

386.210. 1. The commission may confer in person, or by correspondence, by attending conventions, or in any other way, with the members of [railroad,] any public utility or similar commission of other states and the United States of America, or any official, agency or instrumentality thereof, on any matter relating to the performance of its duties.

2. The commission may enter into and establish fair and equitable cooperative agreements or contracts with or act as an agent or licensee for the United States of America, or any official, agency or instrumentality thereof, or any [railroad,] public utility or similar commission of other states, that are proper, expedient, fair and equitable and in the interest of the state of Missouri and the citizens thereof, for the purpose of carrying out its duties under section 386.250 as limited and supplemented by section 386.030 and to that end the commission may receive and disburse any contributions, grants or other financial assistance as a result of or pursuant to such agreements or contracts. Any contributions, grants or other financial assistance so received shall be deposited in the public service commission utility fund or the state highway commission fund depending upon the purposes for which they are received.

3. The commission may make joint investigations, hold joint hearings within or without the state, and issue joint or concurrent orders in conjunction or concurrence with any railroad, public utility or similar commission, of other states or the United States of America, or any official, agency or any instrumentality thereof[; provided], except that in the holding of such investigations or hearings, or in the making of such orders, the commission shall function under agreements or contracts between states or under the concurrent power of states to regulate interstate commerce, or as an agent of the United States of America, or any official, agency or instrumentality thereof, or otherwise.

[386.255. 1. The public service commission of the state of Missouri shall make reasonable rules and regulations governing the construction, reconstruction and maintenance of walkways adjacent to railroad industrial trackage.

2. Industrial railroad trackage shall mean any and all tracks owned, leased or used by any person, firm or corporation, other than a railroad as defined by section 386.020, which connect with the tracks of a railroad and on which a railroad switches or operates cars or locomotives.

3. Before formulating such rules and regulations, the commission shall conduct hearings and invite participation of interested groups. These groups shall make suggestions relating to the minimum standards to be embodied in the rules and regulations. The commission shall consider the suggestions prior to the issuance of any rules and regulations.

4. The commission may amend the rules and regulations at any time upon its own motion or upon complaint by an individual or group, in the same manner as it adopts other rules and regulations.

5. The commission may, by order, require any railroad to cease and desist from operating or switching cars or locomotives over any industrial railroad trackage which is found by the commission not to be in conformity with such rules and regulations or which otherwise constitute an unusual hazard.]

386.310. 1. The commission shall have power, after a hearing had upon its own motion or upon complaint, by general or special orders, rules or regulations, or otherwise, to require every person, corporation, municipal gas system and public utility to maintain and operate its line, plant, system, equipment, apparatus, [tracks] and premises in such manner as to promote and safeguard the health and safety of its employees, [passengers,] customers, and the public, and to this end to prescribe, among other things, the installation, use, maintenance and operation of appropriate safety and other devices or appliances, [including interlocking and other protective devices at grade crossings or junctions and block and other systems of signaling,] to establish uniform or other standards of equipment, and to require the performance of any other act which the health or safety of its employees, [passengers,] customers or the public may demand, including the power to minimize retail distribution electric line duplication for the sole purpose of providing for the safety of employees and the general public in those cases when, upon complaint, the commission finds that a proposed retail distribution electric line cannot be constructed in compliance with commission safety rules. The commission may waive the requirements for notice and hearing and provide for expeditious issuance of an order in any case in which the commission determines that the failure to do so would result in the likelihood of imminent threat of serious harm to life or property, provided that the commission shall include in such an order an opportunity for hearing as soon as practicable after the issuance of such order.

2. The commission shall not make any rule, regulation, decree or order with respect to allocation of territory or territorial rights among electric suppliers pursuant to sections 386.310 and 394.160, RSMo.

3. [No person, partnership, firm or corporation shall set up, install, operate or cause to be operated, upon his or their premises, any sign or light commonly known as "red neon" or any other kind of red signs, along, adjacent to or in line of vision of any main line track of a railroad in this state, except the same be shaded or shielded, so as to prevent them from being observed from the line of vision, as viewed from an approaching locomotive cab, or where they may cause confusion to the men in the locomotive cab, thereby endangering the safe and efficient operating of such train or locomotive. It shall be the duty of the state public service commission to inspect such confusing signs, upon complaint, and determine if such sign or signs are confusing or dangerous, and advise the owner or operator of their findings and prescribe an adequate shield therefor.

4.] For the purposes of gas pipeline safety regulation, the jurisdiction, supervision, powers and duties created and established by this chapter will extend to operators of distribution systems where natural gas, excluding petroleum gas, is measured by a single meter and distributed to other users within a single structure or to multiple structures.

386.320. 1. The commission shall have the general supervision of all [common carriers, railroads, street railroads, railroad corporations, street railroad corporations, and of all] telegraph corporations or telephone corporations, and telegraph and telephone lines, as herein defined, and shall have power to and shall examine the same and keep informed as to their general condition, their capitalization, their franchises and the manner in which their lines and property, owned, leased, controlled or operated are managed, conducted and operated, not only with respect to the adequacy, security and accommodation afforded by their service, but also with respect to their compliance with all the provisions of law, orders and decisions of the commission and charter and franchise requirements.

2. The commission shall have power, either through its members or responsible engineers or inspectors or employees duly authorized by it, to enter in and upon and to inspect the property, equipment, buildings, plants, factories, powerhouses, offices, apparatus, machines, devices and lines of any of such corporations or persons[, including the right for such inspection purpose to ride upon any freight locomotive or train or any passenger locomotive or train while in service; and to have upon reasonable notice the use of an inspection locomotive or special locomotive and inspection car for a physical inspection once annually of all the lines and stations of each common carrier under its supervision; and to the extent that such facilities for inspection involve transportation each commissioner and each such employee shall pay the published one way fare established by the common carrier for the transportation of persons by regular passenger trains over the distance covered by such inspection. The cost of such transportation, if the commission so elects, may be paid upon bill rendered to the commission after the transportation has been furnished and the amount thereof ascertained].

3. The commission and each commissioner shall have power to examine all books, contracts, records, documents and papers of any person or corporation subject to its supervision, and by subpoena duces tecum to compel production thereof. In lieu of requiring production of originals by subpoena duces tecum, the commission or any commissioner may require sworn copies of any such books, records, documents, contracts and papers or parts thereof to be filed with it.

386.330. 1. The commission may, of its own motion, investigate or make inquiry, in a manner to be determined by it, as to any act or thing done or omitted to be done by any [common carrier, railroad corporation or street railroad corporation, or by any] telecommunications company[,] subject to its supervision, and the commission shall make such inquiry in regard to any act or thing done or omitted to be done by any such public utility, person or corporation in violation of any provision of law or in violation of any order or decision of the commission.

2. Complaints may be made to the commission by the public counsel or any person or corporation aggrieved, by petition or complaint, in writing, setting forth any thing or act done or omitted to be done by any [common carrier, railroad corporation or street railroad corporation, or by any] telecommunications company[,] in violation, or claimed to be in violation, of any provision of law or of the terms and conditions of its franchise or charter or of any order or decision of the commission. Upon the presentation of such a complaint the commission shall cause a copy thereof to be forwarded to the public utility, person or corporation complained of, which may be accompanied by an order, directed to such public utility, person or corporation, requiring that the matters complained of be satisfied, or that the charges be answered in writing within a time to be specified by the commission. If the public utility, person or corporation complained of shall make reparation for any injury alleged and shall cease to commit, or to permit, the violation of law, franchise, order or decision charged in the complaint, and shall notify the commission of that fact before the time allowed for answer, the commission need take no further action on the charges. If, however, the charges contained in such petition be not thus satisfied, and it shall appear to the commission that there are reasonable grounds therefor, it shall investigate such charges in such manner and by such means as it shall deem proper, and take such action within its powers as the facts justify.

3. Whenever the commission shall investigate any matter complained of by the public counsel or by any person or corporation aggrieved by any act or omission of a [common carrier, railroad corporation or street railroad corporation, or] telecommunications company[,] under this section, it shall be its duty, within sixty days after final submission, to make and file an order either dismissing the petition or complaint or directing the public utility, person or corporation complained of to satisfy the cause of complaint in whole or to the extent which the commission may specify and require.

4. Notwithstanding the power of the commission over telecommunications companies, the commission shall not have jurisdiction over complaints concerning yellow page listings and advertisements; however, this subsection shall not be construed in any manner to limit the commission's authority in the ratemaking process to impute to the telecommunications company the revenues and costs of the telecommunications company's parent corporation, affiliated corporations, subsidiary corporations or divisions to the extent that those revenues and costs are associated with yellow page listings or advertisements in the state of Missouri. Until September 30, 1996, the commission shall not have jurisdiction over complaints concerning the rates charged by a telephone cooperative for providing telecommunications service within an exchange or within a local calling scope as determined by the commission, except the rates for providing exchange access service.

[386.340. The commission shall investigate the cause of all accidents on any railroad or street railroad within this state which result in loss of life or injury to persons or property, and which in its judgment shall require investigation. Every common carrier, railroad corporation and street railroad corporation is hereby required to give immediate notice to the commission of every accident happening upon any line of railroad or street railroad owned, operated, controlled or leased by it, within this state in such manner as the commission may direct. Such notice shall not be admitted as evidence or used for any purpose against such common carrier, railroad corporation or street railroad corporation giving such notice in any suit or action for damages growing out of any matter mentioned in said notice.]

[386.350. The commission may investigate interstate freight or passenger rates or interstate freight or passenger service on railroads within the state, and when such rates are, in the opinion of the commission, excessive or discriminatory or are levied or laid in violation of the act of Congress, entitled "An Act to Regulate Commerce", approved February 4, 1887, and the acts amendatory thereof and supplementary thereto, or in conflict with the rulings, orders or regulations of the Interstate Commerce Commission, the commission may apply by petition to the Interstate Commerce Commission for relief or may present to the Interstate Commerce Commission all facts coming to its knowledge, as to violations of the rulings, orders or regulations of that commission or as to violations of the said act to regulate commerce or acts amendatory thereof or supplementary thereto.]

386.370. 1. The commission shall, prior to the beginning of each fiscal year beginning with the fiscal year commencing on July 1, 1947, make an estimate of the expenses to be incurred by it during such fiscal year reasonably attributable to the regulation of public utilities as provided in chapters 386, [387,] 392 and 393, RSMo, and shall also separately estimate the amount of such expenses directly attributable to such regulation of each of the following groups of public utilities: [Railroad corporations, street railroad corporations, other common carriers,] Electrical corporations, gas corporations, water corporations, heating companies and telephone corporations, telegraph corporations, sewer corporations, and any other public utility as defined in section 386.020, as well as the amount of such expenses not directly attributable to any such group.

2. The commission shall allocate to each such group of public utilities the estimated expenses directly attributable to the regulation of such group and an amount equal to such proportion of the estimated expenses not directly attributable to any group as the gross intrastate operating revenues of such group during the preceding calendar year bears to the total gross intrastate operating revenues of all public utilities subject to the jurisdiction of the commission, as aforesaid, during such calendar year. The commission shall then assess the amount so allocated to each group of public utilities, subject to reduction as herein provided, to the public utilities in such group in proportion to their respective gross intrastate operating revenues during the preceding calendar year, except that the total amount so assessed to all such public utilities shall not exceed one-fourth of one percent of the total gross intrastate operating revenues of all utilities subject to the jurisdiction of the commission. [In the case of railroads, however, such assessment shall be calculated in a manner as to provide that no railroad with less than fifty route miles of track is assessed more than five hundred dollars in any year, and in a manner as to provide that no railroad with fifty or more route miles of track is assessed less than five thousand dollars in any year.]

3. The commission shall render a statement of such assessment to each such public utility on or before July first and the amount so assessed to each such public utility shall be paid by it to the director of revenue in full on or before July fifteenth next following the rendition of [said] such statement[; provided, however], except that any such public utility may at its election pay such assessment in four equal installments not later than the following dates next following the rendition of said statement, to wit: July fifteenth, October fifteenth, January fifteenth and April fifteenth. The director of revenue shall remit such payments to the state treasurer.

4. The state treasurer shall credit such payments to a special fund, which is hereby created, to be known as "The Public Service Commission Fund", which fund, or its successor fund created pursuant to section 33.571, RSMo, shall be devoted solely to the payment of expenditures actually incurred by the commission and attributable to the regulation of such public utilities subject to the jurisdiction of the commission, as aforesaid. Any amount remaining in such special fund or its successor fund at the end of any fiscal year shall not revert to the general revenue fund, but shall be applicable by appropriation of the general assembly to the payment of such expenditures of the commission in the succeeding fiscal year and shall be applied by the commission to the reduction of the amount to be assessed to such public utilities in such succeeding fiscal year, such reduction to be allocated to each group of public utilities in proportion to the respective gross intrastate operating revenues of the respective groups during the preceding calendar year.

5. In order to enable the commission to make the allocations and assessments herein provided for, each public utility subject to the jurisdiction of the commission as aforesaid shall file with the commission, within ten days after this section becomes effective and thereafter on or before March thirty-first of each year, a statement under oath showing its gross intrastate operating revenues for the preceding calendar year, and if any public utility shall fail to file such statement within the time aforesaid the commission shall estimate such revenue which estimate shall be binding on such public utility for the purpose of this section.

[6. Nothing in this section shall be construed to apply to motor carriers or contract haulers subject to the jurisdiction of the commission under sections 390.011 to 390.176, RSMo, and the expenses of the commission attributable to the exercise of such jurisdiction shall not be included in the expenses of the commission for the purposes of this section.]

386.410. 1. All hearings before the commission or a commissioner shall be governed by rules to be adopted and prescribed by the commission. And in all investigations, inquiries or hearings the commission or commissioner shall not be bound by the technical rules of evidence.

2. No formality in any proceeding nor in the manner of taking testimony before the commission or any commissioner shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission[; provided, the commission is hereby only empowered to charge a docket fee of five dollars to be paid upon the filing of any petition or application for a certificate of convenience and necessity, interstate permit or contract hauler's permit, also the filing of any petition or application for amended or supplemental authority of any certificate of convenience and necessity, interstate permit or contract hauler's permit. All such docket fees shall be paid to the state director of revenue of the state of Missouri at the time of the filing of any such petition or application for a certificate of convenience and necessity, interstate permit or contract hauler's permit, also the filing of any petition or application for amended or supplemental authority of any certificate of convenience and necessity, interstate permit or contract hauler's permit, and the same shall be deposited with the state director of revenue for the benefit of the general revenue fund of the state of Missouri].

387.010. The provisions of this chapter shall apply to the transportation of passengers or [property] household goods from one point to another within this state, and to any [common] motor carrier, as defined in section 390.020, RSMo, performing such service. The provisions of this chapter shall not apply to railroad corporations or street railroad corporations, except to the extent they engage in business as motor carriers of passengers or household goods.

387.020. The provisions of [section 386.020,] sections 390.020 and 622.100, RSMo, defining words, phrases and terms shall apply to and determine the meaning of all such words, phrases or terms as used in sections 387.010 to [387.350] 387.340.

387.030. Every corporation, person or [common] motor carrier performing a service designated in section 387.010 shall furnish, with respect thereto, such service and facilities as shall be safe and adequate and in all respects just and reasonable. All charges made or demanded by any such corporation, person or [common] motor carrier for the transportation of passengers or [property] household goods or for any service rendered or to be rendered in connection therewith, as defined in section 386.020, RSMo, shall be just and reasonable and not more than allowed by law or by order or decision of the division of transportation and made as authorized by this chapter. Every unjust or unreasonable charge made or demanded for any such service or transportation of passengers or [property] household goods or in connection therewith or in excess of that allowed by law or by order or decision of the division is prohibited.

387.040. No [common] motor carrier subject to the provisions of this chapter shall engage or participate in the transportation of passengers or [property] household goods, between points within this state, until its schedules of rates, fares and charges shall have been filed and published in accordance with the provisions of this chapter. Any [railroad corporation, or common] motor carrier, which shall undertake to perform any service or furnish any product or commodity unless or until the rates, tolls, fares, charges, classifications and rules and regulations relating thereto, applicable to such service, product or commodity, have been filed with the division of transportation and published in accordance with the provisions of this chapter, shall [forfeit] be subject to forfeiture to the state [not less than one hundred dollars nor more than five hundred dollars] pursuant to the provisions of sections 390.156 to 390.176, RSMo.

387.050. 1. Every [common] motor carrier shall file with the division of transportation and shall print and keep open to public inspection schedules showing the rates, fares and charges for the transportation of passengers and [property] household goods within this state between each point upon its route and all other points thereon; and between each point upon its route and all points upon every route leased, operated or controlled by it; and between each point on its route or upon any route leased, operated or controlled by it and all points upon the route of any other [common] motor carrier, whenever a through route and joint rate shall have been established or ordered between any two such points. If no joint rate over a through route has been established, the several carriers in such through route shall file, print and keep open to public inspection, as aforesaid, the separately established rates, fares and charges applied to the through transportation.

2. The schedules printed as aforesaid shall plainly state the places between which [property] household goods and passengers will be carried, and shall also contain the classification of passengers or [property] household goods in force, and shall also state separately all terminal charges, storage charges, icing charges and all other charges which the division may require to be stated, all privileges or facilities granted or allowed, and any rules or regulations which may in any way change, affect or determine any part or the aggregate of such aforesaid rates, fares and charges, or the value of the service rendered to the passenger, shipper or consignee.

3. Such schedules shall be plainly printed in large type, and a copy thereof shall be kept by every such carrier readily accessible to and for convenient inspection by the public in every station or office of such carrier where passengers or [property] household goods are respectively received for transportation, when such station or office is in charge of an agent, and in every station or office of such carrier where passenger tickets for transportation or tickets covering [sleeping or parlor car or other train accommodations are sold or] bills of lading or receipts for [property] household goods are issued. All or any of such schedules kept as aforesaid shall be immediately produced by such carrier for inspection upon the demand of any person.

4. A notice printed in bold type and stating that such schedules are on file with the agent and open to inspection by any person and that the agent will assist any such person to determine from such schedules any transportation rates or fares or rules or regulations which are in force shall be kept posted by the carrier in two public and conspicuous places in every such station or office.

5. The form of every such schedule shall be prescribed by the division [and shall conform in the case of railroad corporations as nearly as may be to the form of schedule required by the Interstate Commerce Commission under the act of Congress entitled "An Act to Regulate Commerce", approved February 4, 1887, and the acts amendatory thereof and supplementary thereto].

6. The division shall have power, from time to time, in its discretion, to determine and prescribe by order such changes in the form of such schedules as may be found expedient, and to modify the requirements of this section in respect to publishing, posting and filing of schedules either in particular instances or by general order applicable to special or peculiar circumstances or conditions.

387.060. 1. It shall be the duty of every [common] motor carrier doing an intrastate business within this state, upon written request therefor, by any person who is a bona fide prospective shipper or receiver of [freight] household goods or who has a bona fide interest therein, made upon any general or local freight or station agent of such carrier, by any person, firm or corporation, to furnish and give a written statement of the rate or charge applicable to a described shipment between stated points or places in this state under the schedule or tariffs to which such carrier is a party, within a reasonable time; and if such carrier shall refuse or omit to give such statement within a reasonable time, or shall misstate in writing the applicable rate, and if the person, firm or corporation making such request suffers in consequence of such refusal or omission or in consequence of the misstatement of the rate, either through making the shipment over a [line or] route for which the proper rate is higher than the rate over another available [line or] route, or through entering into any sale, purchase or contract whereunder such person, firm or corporation obligates himself, themselves or itself, or becomes obligated to make or receive such shipment of [freight] household goods at his, their or its cost, then the said carrier shall be liable [to a penalty of not less than one hundred dollars nor more than three hundred dollars, which shall accrue to the state of Missouri,] pursuant to the provisions of sections 390.156 to 390.176, RSMo, and be recovered in a civil action by the division of transportation, and shall also be liable to the person, firm or corporation injured as aforesaid for the amount of such injury, together with six percent interest thereon from the date of such injury, and with a reasonable attorney's fee; provided, that no such liability shall be discharged by such carrier unless the same be approved by the division as being free from any attempt or purpose to evade any other law of this state; and provided further, that, if during the course of any action upon such liability to the person injured, it shall appear to the satisfaction of the court or jury trying any such cause, that the parties have combined or agreed to obtain or allow any undue advantage or rebate or preference to such injured person, upon a finding to that effect, such cause shall be dismissed and the dismissal and finding reported by said court to the division. Such dismissal shall be taken and deemed a final judgment, and appeal may be taken therefrom or from any other judgment in any such cause the same as in other civil cases.

2. No carrier making any settlement or payment upon the approval of the division or pursuant to a judgment or order of court under this section shall be liable for any penalty or forfeiture or subject to any prosecution under any other law of this state on account of the said payment or settlement.

3. The division may require from any person, firm or corporation any information deemed by the division necessary to the determination of the question whether it shall give its approval to any such claim, and if the same be refused by the injured person, may decline said claim, and it shall not be sued upon thereafter; if such information be refused or request therefor be evaded or the search for information by the division be made difficult by the carrier, the division shall endorse such fact on said claim and it shall thereafter support an action as if approved by the division.

387.070. Unless the division of transportation otherwise orders, no change shall be made in any rate, fare or charge, or joint rate, fare or charge, which shall have been filed and published by a [common] motor carrier in compliance with the requirements of this chapter except after thirty days' notice to the division and publication for thirty days as required by this chapter, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the changed rate, fare or charge will go into effect; and all proposed changes shall be shown by printing, filing and publishing new schedules or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection. The division, for good cause shown, may allow changes in rates without requiring the thirty days' notice and publication herein provided for, by duly filing and publishing in such manner as it may direct an order specifying the change so made and the time when it shall take effect; all such changes shall be immediately indicated upon its schedules by the [common] motor carrier.

387.080. 1. The names of the several carriers which are parties to any joint tariff shall be specified therein, and each of the parties thereto, other than the one filing the same, shall file with the division of transportation such evidence of concurrence therein or acceptance thereof as may be required or approved by the division; and where such evidence of concurrence or acceptance is filed, it shall not be necessary for the carriers filing the same also to file copies of the tariffs in which they are named as parties.

2. Every [common] motor carrier shall file with the division sworn copies of every contract, agreement or arrangement with any other [common] motor carrier or [common] motor carriers relating in any way to the transportation of passengers or property.

[387.090. 1. A service-at-cost agreement is hereby defined as an agreement, whether in the form of a contract or contained in a franchise or permit, entered into between a city and a common carrier operating or proposing to operate in such city, providing generally for operation by such common carriers with rates of fare directly or indirectly dependent, upon the excess of revenue after deductions for operating expenses, maintenance, taxes, allowances for renewals and replacement, and a return on the value of the property used in or devoted to the public service as such value is determined by the transportation division of the department of economic development.

2. Any city in this state now or hereafter having a population of seventy-five thousand inhabitants or more and any common carrier operating or proposing to operate therein have and shall have power to enter into service-at-cost agreements, as herein defined. Before the common carrier shall commence operations under any such service-at-cost agreement the same shall be submitted to the transportation division of the department of economic development for its approval. The transportation division of the department of economic development shall have power to approve any such service-at-cost agreement and to make such orders from time to time as it may deem necessary to effectuate the same; provided, no city shall have power to enter into any such contract, for a period or term of more than thirty years unless the same is approved by a majority vote of the qualified electors of such city voting upon such proposition when submitted at a general or special election held for such purpose; and no such contract shall give or grant or be held to create an exclusive franchise or privilege.]

387.100. 1. No [common] motor carrier shall charge, demand, collect or receive a greater or less or different compensation for transportation of passengers or [property] household goods, or for any service in connection therewith, than the rates, fares and charges applicable to such transportation as specified in its schedules filed and in effect at the time.

2. No [common] motor carrier shall, directly or indirectly, by any special rate, rebate, drawback or other device or method, charge, demand, collect or receive from any person or corporation a greater or less or different compensation for any service rendered or to be rendered in the transportation of passengers or [property] household goods, except as authorized in this chapter, than it charges, demands, collects or receives from any other person or corporation for doing a like and contemporaneous service in the transportation of a like kind of traffic under the same or substantially similar circumstances and conditions.

[3. Nothing in this chapter shall be construed to prohibit any common carrier from carrying free of charge any goods, clothing, provisions, foods and other necessaries, to any orphan home, old people's home, home for the feeble and dependent, or other charitable institutions, which said goods, clothing, provisions, foods and other necessaries have been donated for the use of any such charitable institutions above named or the inmates thereof, nor to prohibit the free transportation of any orphan child, or old or feeble or dependent person to or from such charitable institutions, nor to prohibit the free transportation of any attendants necessarily accompanying such orphans, old, feeble or dependent persons to or from such charitable institutions.]

387.110. 1. No [common] motor carrier shall make or give any undue or unreasonable preference or advantage to any person or corporation or to any locality or to any particular description of traffic in any respect whatsoever, or subject any particular person or corporation or locality or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.

2. Notwithstanding any other provision of law to the contrary, no common carrier of household goods shall use any schedule of rates or charges, or both, for the transportation of [property] household goods within this state which divides this state into territorial rate areas. Any schedule of rates or charges, or both, which divides, or attempts to divide, this state into territorial rate areas is unjust, unreasonable, and invalid.

[387.111. Notwithstanding any other provision of law to the contrary, common carriers transporting shipments of agricultural commodities in bulk in dump trucks, as defined in section 390.020, RSMo, shall be exempted from prescribed minimum rates on such shipments and shall not be required to file and publish schedules showing the rates and charges for such transportation.]

[387.120. 1. No common carrier, subject to the provisions of this chapter shall, directly or indirectly, issue or give any free ticket, free pass or free transportation for passengers or property between points within this state, except to its officers, employees, agents, surgeons, physicians, attorneys at law, not to exceed two bondsmen in each county, and the dependent members of their families, to necessary caretakers of livestock, poultry, fruit and vegetables in transit and return to point of shipment, employees of sleeping car companies and employees of express companies, and employees of telegraph and telephone companies doing business along the line of the issuing carrier; to railway mail service employees; to newsboys on trains, baggage agents, persons injured in accidents or wrecks and physicians and nurses attending such persons; to the carriage free or at reduced rates of property to or from state and county fairs and expositions for exhibit thereat.

2. Nothing in this chapter shall be construed to prohibit the interchange of free or reduced transportation between common carriers of or for their officers, agents, employees, attorneys and surgeons, and the dependent members of their families, nor to prohibit any common carrier from carrying passengers or property free, with the object of providing relief in cases of general epidemic, pestilence or other calamitous visitation; nor to prohibit any common carrier from granting reduced rates or free transportation to clergymen; nor to prohibit any common carrier from transporting persons or property as incident to or connected with contracts for construction, operation or maintenance, and to the extent only that such free transportation is provided for in the contract for such work, nor to prevent any common carrier from transporting children under five years of age free.

3. Nothing in this chapter shall prevent the issuance of mileage, excursion, school or family commutation, commutation passenger tickets, half-fare tickets for the transportation of children under twelve years of age, or any other form of reduced rate passenger tickets, or joint interchangeable mileage tickets. But before any common carrier subject to the provisions of this chapter, shall issue any such mileage, excursion, school or family commutation, commutation half-fare, or any other form of reduced rate passenger tickets, or joint interchangeable mileage tickets, it shall file with the division of transportation copies of the tariffs or rates, fares or charges on which such tickets are to be based, in the same manner as common carriers are required to do with regard to other rates by this chapter.

4. Nor shall anything in this chapter prevent the issuance of passenger transportation in exchange for advertising space in newspapers and magazines at full rates, nor shall anything in this chapter be construed to prevent the issuance of free or reduced transportation by any street railroad corporation to mail carriers, policemen and members of fire departments.

5. Nothing in this chapter shall prevent the carriage, storage, or handling of properties or road building materials free or at reduced rates for the United States, state, municipal government or special road districts.

6. The term "employees", as used in this section shall include furloughed and pensioned and superannuated employees, persons who have become disabled or infirmed in the service of any such common carrier, and the remains of a person who has died in the employment of a carrier, and ex-employees traveling for the purpose of entering the service of any such common carrier; and the term "families" as used in this section shall include the families of those persons named in this proviso, also the families of persons killed, and the widows during widowhood, and minor children during minority, of persons who died while in the service of any such common carrier.

7. Nothing in this section nor in any other provision of law shall be deemed to limit the power of the division to require the sale of, and upon investigation prescribe reasonable and just fares as the maximum to be charged for commutation, school or family commutation, mileage tickets over railroads or street railroads, joint interchangeable mileage tickets, round trip excursion tickets, or any other form of reduced rate passenger tickets over such railroads or street railroads; provided, that all special round trip excursion tickets, the sale of which is limited to less than thirty days, except round trip excursion tickets to state and county fairs and return during the holding thereof, shall be deemed exempt from such regulation by the division.]

387.120. No motor carrier of passengers or household goods shall directly or indirectly issue or give any free ticket, free pass or free transportation for any passenger or household goods between points in this state, except that, in accordance with the requirements of this chapter, and unless prohibited by order of the division, a motor carrier may provide in its lawful tariff schedules for the transportation of passengers or household goods free of charge, or at discounted or reduced rates to, from or for the account of the following:

(1) Any charitable institution or organization which is duly organized and registered with the office of the Missouri secretary of state as a religious or charitable association pursuant to chapter 352, RSMo, or as a general not for profit corporation pursuant to chapter 355, RSMo, or any nonprofit, charitable institution or organization organized or registered pursuant to the laws of any state or the United States;

(2) Any employee, officer or director of the motor carrier, or any relative within the second degree of consanguinity or affinity of any employee, officer or director of the motor carrier;

(3) Any location or person while transporting passengers or household goods for the exclusive purpose of providing relief in case of any general emergency or disaster.

387.130. No [common] motor carrier or any officer or agent thereof or any person acting for or employed by it, shall assist, suffer or permit any person or corporation to obtain transportation for any passenger or [property] household goods between points within this state at less than the rates then established and in force in accordance with the schedules filed and published in accordance with the provisions of this chapter, by means of false billing, false classification, false weight or weighing, or false report of weight, or by any other device or means. No person, corporation, or any officer, agent or employee of a corporation, who shall deliver [property] household goods for transportation within this state to a [common] motor carrier, shall seek to obtain or obtain such transportation for such [property] household goods at less than the rates then established and in force therefor, as aforesaid, by false billing, false or incorrect classification, false weight or weighing, false representation of the contents of a package, or false report or statement of weight, or by any other device or means, whether with or without the consent or connivance of the [common] motor carrier, or any of its officers, agents or employees.

[387.140. 1. Every common carrier is required to afford all reasonable, proper and equal facilities for the interchange of passenger and property traffic between the lines owned, operated, controlled or leased by it and the lines of every other common carrier, and for the prompt transfer of passengers and for the prompt receipt and forwarding of property to and from its said lines; and no common carrier shall in any way discriminate in respect to rates, fares or charges or in respect to any service or in respect to any charges or facilities for any such transfer in receiving or forwarding between any two or more other common carriers or between passenger or property destined to points upon the lines of any two or more other common carriers or in any respect with reference to passengers or property transferred or received from any two or more other common carriers.

2. This section shall not be construed to require a common carrier to permit or allow any other common carrier to use its tracks or terminal facilities. Every common carrier, as such, is required to receive from every other common carrier, at a connecting point, freight cars of proper standard, and haul the same through to destination, if the destination be upon a line owned, operated or controlled by such common carrier, or if the destination be upon a line of some other common carrier, to haul any car so delivered through to the connecting point upon the line owned, operated, controlled or leased by it, by way of route over which such car is billed, and there to deliver the same to the next common carrier.

3. Nothing in this section shall be construed as in any wise limiting or modifying the duty of a common carrier to establish joint rates, fares and charges for the transportation of passengers and property over the lines owned, operated, controlled and leased by it and the lines of other common carriers, nor as in any manner limiting or modifying the power of the division of transportation to require the establishment of such joint rates, fares and charges.

4. A railroad corporation and a street railroad corporation shall not be required to interchange cars except on such terms and conditions as the division may direct.]

387.150. No [common] motor carrier shall enter into or become a party to any combination, contract, agreement or understanding, written or oral, express or implied, to prevent by any arrangement, or by change of arrangement of time schedule, by carriage [in different cars] or by any other means or device whatsoever the carriage of [property] household goods from being continuous from the place of shipment to the place of destination. No breakage of bulk, stoppage or interruption of carriage made by any [common] motor carrier shall prevent the carriage of [property] household goods from being treated as one continuous carriage from the place of shipment to the place of destination. Nor shall any such breakage of bulk, stoppage or interruption of carriage be made or permitted by any [common] motor carrier except it be done in good faith for a necessary purpose without intention to avoid or unnecessarily interrupt or delay the continuous carriage of such [property] household goods or to evade any of the provisions of law, of this chapter, or of any order or decision of the division of transportation.

[387.160. 1. Every railroad corporation or other common carrier engaged in the transportation of property shall, upon reasonable notice, furnish to all persons and corporations who may apply therefor, and offer property for transportation, sufficient and suitable cars for the transportation of such property in carload lots. Every railroad corporation and street railroad corporation shall have sufficient cars and motive power to meet all requirements for the transportation of passengers and property which may reasonably be anticipated, unless relieved therefrom by order of the division of transportation. In case, at any particular time, a common carrier has not sufficient cars to meet all requirements for the transportation of property in carload lots, all cars available to it for such purposes shall be distributed among the several applicants therefor, without discrimination between shippers, localities or competitive or noncompetitive points, but preference may always be given in the supply of cars for shipment of livestock or perishable property.

2. The division shall have power to make, and by order shall make, reasonable regulations for the furnishing and distribution of freight cars to shippers, for the switching of the same, for the loading and unloading thereof, for demurrage charges in respect thereto, and for the weighing of cars and property offered for shipment or transported by any common carrier.

3. The division shall have power to provide the time within which express packages will be received, gathered, transported and delivered at destination, and the limits within which express packages shall be gathered and distributed without extra charge.]

[387.170. It shall be the duty of all railroad corporations and common carriers operating in this state, to provide suitable facilities for the testing of all track scales used by such railroad corporations and common carriers. The division of transportation is hereby authorized, after a hearing upon its own motion and after notice to the railroads operating in this state, to order a suitable car or other device or facility to be provided by the railroad corporations and common carriers operating in this state, to be used in testing the track scales used by such railroads, the expenses of providing such car, device or facility to be equitably and reasonably apportioned among the different railroad companies by the divisions. Such car, device or facility shall be used by the division to test the accuracy of all track scales, and the different railroad corporations shall transport and move such car, device or facility, without charge therefor, to the different places designated by the division under such reasonable rules and regulations as the division may prescribe. Such car, device or facility may be used in adjoining states to test the scales of the railroad corporations and for that purpose may be taken beyond the limits of this state under such reasonable rules and regulations for the due care and return thereof as the division may prescribe. The division is hereby authorized to prescribe and collect a reasonable fee sufficient to cover the cost and expenses connected therewith for the inspection and testing of all scales.]

387.180. 1. Every [common] motor carrier [and every railroad corporation and street railroad corporation] shall, upon demand, issue either a receipt or bill of lading for all [property] household goods delivered to it for transportation. No contract, stipulation or clause in any receipt or bill of lading shall exempt or be held to exempt any [common] motor carrier[, railroad corporation or street railroad corporation] from any liability for loss, damage or injury caused by it to [property] household goods from the time of its delivery for transportation until the same shall have been received at its destination and a reasonable time shall have elapsed after notice to consignee of such arrival to permit of the removal of such property.

2. Every [common] motor carrier[, railroad corporation and street railroad corporation] shall be liable for all loss, damage or injury to [property] household goods caused by delay in transit due to negligence while the same is being carried by it, but in any action to recover for damages sustained by delay in transit the burden of proof shall be upon the defendant to show that such delay was not due to negligence.

3. Every [common] motor carrier [and railroad corporation] shall be liable for loss, damage and injury to [property] household goods carried as baggage up to the full value and regardless of the character thereof, but the value in excess of one hundred and fifty dollars shall be stated upon delivery to the carrier, and a written receipt stating the value shall be issued by the carrier, who may make a reasonable charge for the assumption of such liability in excess of one hundred and fifty dollars and for the carriage of baggage exceeding one hundred and fifty pounds in weight upon a single ticket. Nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which [he] the holder has under existing laws.

387.190. 1. Whenever the division of transportation shall be of opinion, after a hearing had upon its own motion or upon complaint, that the rates, fares or charges demanded, exacted, charged or collected by any [common] motor carrier[, railroad corporation or street railroad corporation] for the transportation of persons or [property] household goods within the state, or that the regulations or practices of such [common] motor carrier[, railroad corporation or street railroad corporation] affecting such rates are unjust, unreasonable, unjustly discriminatory or unduly preferential, or in any wise in violation of any provisions of law, or that the maximum rates, fares or charges, chargeable by any such [common] motor carrier[, railroad corporation or street railroad corporation] are insufficient to yield reasonable compensation for the service rendered, and are unjust and unreasonable, the division shall, with due regard, among other things, to a reasonable average return upon the value of the [property] household goods actually used in the public service and to the necessity of making reservation out of income for surplus and contingencies, determine the just and reasonable rates, fares and charges to be thereafter observed and in force as the maximum to be charged for the service to be performed, notwithstanding that a higher rate, fare or charge has been heretofore authorized by statute, and shall fix the same by order to be served upon all [common] motor carriers[, railroad corporations or street railroad corporations] by whom such rates, fares and charges are thereafter to be observed.

2. Whenever the division shall be of the opinion, after a hearing had upon its own motion or upon complaint, that the rates, fares or charges demanded, exacted, charged or collected by any [common] motor carrier[, railroad corporation or street railroad corporation] for excursion, school or family commutation, commutation passenger tickets, half-fare tickets for the transportation of children under twelve years of age, or any other form of reduced rate tickets for the transportation of persons within the state, or joint interchangeable mileage tickets, with special privileges as to the amount of free baggage that may be carried under mileage tickets of one thousand miles or more within the state, or that the regulations or practices of such [common] motor carrier[, railroad corporation or street railroad corporation] affecting such rates are unjust, unreasonable, unjustly discriminatory or unduly preferential, or in any wise in violation of any provision of law, or that the maximum rates, fares or charges collected or charged for any of such forms of reduced fare passenger transportation tickets by any such [common] motor carrier[, railroad corporation or street railroad corporation] are insufficient to yield reasonable compensation for the service rendered, and are unjust and unreasonable[, and whenever the division shall be of the opinion, after a hearing had upon its own motion or upon complaint, and upon investigation, that the sale of any form or forms of reduced fare passenger ticket heretofore sold or used upon any railroad or street railroad within the state of Missouri, the use or sale of which ticket or tickets has been discontinued within five years prior to time this law takes effect, will be just and reasonable and not in violation of any provision of this law or other provision of law,] the division shall, with due regard, among other things, to a reasonable average return upon the value of the [property] household goods actually used in the public service and to the necessity of making reservation out of income for surplus and contingencies, determine the just and reasonable rates, fares and charges to be thereafter observed and enforced as the maximum to be charged for such mileage, excursion, school or family commutation, half-fare or any other form of reduced fare tickets for the transportation of persons, or joint interchangeable mileage tickets with special privileges as aforesaid, and shall order the sale and use thereof to be restored, of any of the kinds of tickets herein specified or any other form of reduced rate ticket for the transportation of persons within the state[, upon any railroad or street railroad within this state, upon which railroad or street railroad any such form of ticket or tickets for the transportation of persons within the state, have, within five years prior to the time this law takes effect, been sold or used,] and shall determine and prescribe the reasonable and just rates, fares and charges to be thereafter observed and enforced as the maximum to be charged for any such form of ticket or tickets for the transportation of persons within this state, all of which laws fixing such rates, fares and charges or requiring the restoration of, sale and use of any of such forms of ticket or tickets, shall be by order to be served upon all [common] motor carriers[, railroad corporations and street railroad corporations] by whom such rates, fares and charges or restoration of, sale or use of, such ticket or tickets are thereafter to be observed.

3. Whenever the division shall be of the opinion, after a hearing had upon its own motion or upon complaint, that the regulations, practices, equipment, appliances or service of any such [common] motor carrier[, railroad corporation or street railroad corporation] in respect to transportation of persons or [property] household goods within this state are unjust, unreasonable, unsafe, improper or inadequate, the division shall determine the just, reasonable, safe, adequate and proper regulations, practices, equipment, appliances and service thereafter to be in force, to be observed and to be used in such transportation of persons and [property] household goods and so fix and prescribe the same by order to be served upon every [common] motor carrier[, railroad corporation and street railroad corporation] to be bound thereby; and thereafter it shall be the duty of every [common] motor carrier[, railroad corporation and street railroad corporation] to observe and obey each and every requirement of every such order so served upon it, and to do everything necessary or proper in order to secure absolute compliance with and observance of every such order by all of its officers, agents and employees.

4. The division shall have power to require, by order, any two or more [common] motor carriers[, railroad corporations or street railroad corporations], whose lines, owned, operated, controlled or leased, form a continuous or connecting line of transportation [or could be made to do so by the construction and maintenance of switch connection or interchange track at connecting points, or] by transfer of [property] household goods or passengers at connecting points, to establish through rates and joint rates, fares and charges for the transportation of passengers and [property] household goods within the state as the division may, by its order, designate; and in case such through rates, and joint rates be not established by the [common] motor carriers[, railroad corporations and street railroad corporations] named in any such order within the time therein specified, the division shall establish just and reasonable rates, fares and charges, to be charged for such through transportation, and declare the portions thereof to which each [common] motor carrier[, railroad corporation or street railroad corporation] affected thereby shall be entitled and the manner in which the same shall be paid and secured; and the division shall also have power in the same proceeding, or in a separate proceeding involving any rates, fares or charges, to prescribe joint rates and fares and charges as the maximum to be exacted for the transportation by them of passengers and [property] household goods within the state, and to require such [common] motor carriers[, railroad corporations and street railroad corporations] affected thereby to make within a specified time an agreement between them as to the portion of such joint rates, fares or charges to which each of them shall be entitled; and in case such agreement be not so made within the time so specified the division may declare by supplemental order the portion thereof to which each [common] motor carrier[, railroad corporation or street railroad corporation] affected thereby shall be entitled and the manner in which the same shall be paid and secured; such supplemental order shall take effect as part of the original order from the time such supplemental order shall become effective.

[5. If the division shall be of the opinion that through cars for the transportation of property should be operated over the tracks of said common carriers, railroad corporations and street railroad corporations and that switch connection or interchange track at a connecting point, if not already existing, should be constructed and maintained by such common carriers, railroad corporations and street railroad corporations, to the end that property may be carried without change of cars, the division shall have power after a hearing to require by order said common carriers, railroad corporations and street railroad corporations to receive from each other and transport for each other such cars over each other's tracks by way of such switch connection or interchange track, and if no such switch connection or interchange track exist to construct and maintain said switch connection or interchange track, and to make within a specified time not less than thirty days an agreement between them as to the terms of such receipt and transportation of cars, and if so required as to the division of the expenses of such construction and maintenance of switch connection or interchange track; and in case such agreement be not so made within the time so specified, the division shall after a hearing declare by supplemental order the terms and conditions upon which such cars shall be received and transported, and if so required the portion of such expense to which each common carrier or corporation affected thereby shall be entitled and the manner in which any sums of money to which any such common carrier or corporation is entitled shall be paid and secured, and such supplemental order shall take effect as part of the original order from the time such supplemental order shall become effective. Nothing in this subsection shall be construed to require a through route between railroad corporations and street railroad corporations between points reached by such railroad corporations.]

387.200. Whenever there shall be filed with the division of transportation by any [common] motor carrier any schedule stating a new individual or joint rate, fare or charge, or any new individual or joint classification, or any new individual or joint regulation or practice affecting any rate, fare or charge, the division shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint at once, and if it so orders without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice, to enter upon a hearing, concerning the propriety of such rate, fare, charge, classification, regulation or practice; and pending such hearing and the decision thereon the division, upon filing with such schedule and delivering to the carrier or carriers affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation or practice, but not for a longer period than one hundred and twenty days beyond the time when such rate, fare, charge, classification, regulation or practice, would otherwise go into effect; and after full hearing, whether completed before or after the rate, fare, charge, classification, regulation or practice goes into effect, the division may make such order in reference to such rate, fare, charge, classification, regulation or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation or practice had become effective; provided, that if any such hearing cannot be concluded within the period of suspension, as above stated, the division may, in its discretion, extend the time of suspension for a further period not exceeding six months. At any hearing involving a rate increased or a rate sought to be increased after the passage of this section, the burden of proof to show that the increased rate or proposed increased rate is just and reasonable shall be upon the [common] motor carrier, and the division shall give to the hearing and decision of such questions preference over all other questions pending before it and decide the same as speedily as possible.

387.205. The division shall ascertain, determine and fix for each motor carrier of passengers or household goods suitable and convenient standard commercial units of service, product or commodity, which units shall be lawful units for the purposes of this chapter.

387.207. All rates, tolls, charges, schedules and joint rates fixed by the division with reference to the transportation of passengers or household goods by motor carrier shall be in force and shall be prima facie lawful, and all regulations, practices and services prescribed by the division shall be in force and shall be prima facie lawful and reasonable until found otherwise in a suit brought for that purpose pursuant to the provisions of this chapter.

387.210. 1. If in the judgment of the division of transportation, additional [tracks, switches,] terminals or terminal facilities, stations[, motive power,] or any other property, construction, apparatus, equipment, facilities or device for use by any [common] motor carrier[, railroad corporation or street railroad corporation in or] in connection with the transportation of passengers or [property] household goods ought reasonably to be provided, or any repairs or improvements to or changes in any thereof in use ought reasonably to be made, or any additions or changes in construction should reasonably be made thereto in order to promote the security or convenience of the public or employees, or in order to secure adequate service or facilities for the transportation of passengers or property, the division shall, after a hearing, either on its own motion or after complaint, make and serve an order directing such repairs, improvements, changes or additions to be made within a reasonable time and in a manner to be specified therein, and every [common] motor carrier[, railroad corporation and street railroad corporation] is hereby required and directed to make all repairs, improvements, changes and additions required of it by any order of the division served upon it.

2. If any repairs, improvements, changes or additions which the division has determined to order require joint action by two or more of said corporations, the division shall, before entry and service of order, notify the said corporations that such repairs, improvements, changes or additions will be required and that the same shall be made at their joint cost, and thereupon the said corporations shall have thirty days or such longer time as the division may grant within which to agree upon the part or division of cost of such repairs, improvements, changes or additions which each shall bear. If at the expiration of such time such corporations shall fail to file with the division a statement that an agreement has been made for a division or apportionment of such repairs, improvements, changes or additions, the division shall have authority, after further hearing, to fix in its order the proportion of such cost or expense to be borne by each corporation and the manner in which the same shall be paid and secured.

[387.220. If, in the judgment of the division of transportation, any railroad corporation or street railroad corporation does not run trains enough or cars enough or buses enough or possess or operate motive power enough, reasonably to accommodate the traffic, passenger and freight transported by or offered for transportation to it, or does not run its trains or cars or buses with sufficient frequency or at reasonable or proper time having regard to safety, or does not run any train or trains, car or cars, bus or buses, upon a reasonable time schedule for the run, the division shall, after a hearing, either on its own motion or after complaint, have power to make an order directing any such railroad corporation or street railroad corporation to increase the number of its trains or of its cars or of its buses or its motive power, or to change the time for starting its trains or cars or buses, or to change the time schedule for the run of any train or car or bus, or to make any other suitable order that the division may determine necessary to accommodate and transport the traffic, passenger or freight, transported or offered for transportation.]

[387.230. 1. No railroad corporation, street railroad corporation or common carrier shall henceforth begin the construction of a railroad or street railroad, or of any extension thereof, a bus line or lines, without having first obtained from the division of transportation a certificate that the present or future public convenience and necessity require or will require such construction or operation; provided, that this section shall not be construed to require any such corporation to secure such certificate for an extension within any city or town within which it shall have heretofore lawfully commenced operations, or for extension into a territory either within or without a city or town, contiguous to such railroad or street railroad, and not theretofore served by a public utility of like character, or for an extension within or to territory already served by it, necessary in the ordinary course of its business; and provided further, that if any such public utility, in constructing or extending its line or system, shall interfere or be about to interfere with the operation of the line or system of any other such public utility, already constructed or being operated, the division, on complaint of the public utility claiming to be injuriously affected, may, after hearing, make such order and prescribe such terms and conditions for the location of the lines or systems affected as to it seems just and reasonable.

2. No such public utility of a class specified in subsection 1 shall henceforth exercise any right or privilege under any franchise or permit hereafter granted, or under any franchise or permit heretofore granted but not heretofore actually exercised, or the exercise of which has been suspended for more than one year, without first having obtained from the division a certificate that public convenience and necessity require the exercise of such right or privilege; provided, that when the division shall find, after hearing, that such public utility has heretofore begun actual construction work and is prosecuting such work, in good faith, uninterruptedly and with reasonable diligence in proportion to the magnitude of the undertaking, under any franchise or permit heretofore granted but not heretofore actually exercised, such public utility may proceed, under such rules and regulations as the division may prescribe, to the completion of such work, and may, after such completion, exercise such right or privilege; and provided further, that this section shall not be construed to validate any right or privilege now invalid or hereafter becoming invalid under any law of this state.

3. Before any certificate may issue, under this section, a certified copy of its articles of incorporation or charter, if the applicant be a corporation, shall be filed in the office of the division. Every applicant for a certificate shall file in the office of the division such evidence as shall be required by the division to show that the applicant has received the required consent, franchise or permit of the proper county, city, municipal or other public authority. The division shall have power, after hearing, to issue such certificate, as prayed for, or to refuse to issue the same, or to issue it for the construction of a portion only of the contemplated railroad or street railroad or extension thereof or for the partial exercise only of said right or privilege, and may attach to the exercise of the rights granted by the certificate such terms and conditions as in its judgment the public convenience and necessity may require.

4. If such public utility desires to exercise a right or privilege under a franchise or permit which it contemplates securing, but which has not as yet been granted to it, such public utility may apply to the division for an order preliminary to the issue of the certificate. The division may thereupon make an order declaring that it will thereafter, upon application, under such rules and regulations as it may prescribe, issue the desired certificate, upon such terms and conditions as it may designate, after such public utility has obtained the contemplated franchise or permit. Upon the presentation to the division of evidence satisfactory to it that such franchise or permit has been secured by such public utility, the division shall thereupon issue such certificate.

5. Unless exercised within a period of two years from the grant thereof authority conferred by such certificate of convenience and necessity issued by the division shall be null and void.]

387.240. The power of [railroad corporations, street railroad corporations and common] motor carriers to issue stocks, and bonds, notes and other evidences of indebtedness and to create liens upon their property situated in this state is a special privilege, the right of supervision, regulation, restriction, and control of which is and shall continue to be vested in the state, and such power shall be exercised as provided by law and under such rules and regulations as the division of transportation may prescribe.

[387.250. 1. No railroad corporation, street railroad corporation or common carrier shall hereafter sell, lease, assign, transfer, mortgage or otherwise dispose of or encumber the whole or any part of its railroad or street railroad necessary or useful in the performance of its duties to the public, or any franchise or permit or any right thereunder, nor by any means whatsoever, direct or indirect, merge or consolidate such railroad or street railroad, franchise or permit, or any part thereof, with any other corporation, person or public utility, without having first secured from the division of transportation an order authorizing it so to do. Every such sale, assignment, lease, transfer, mortgage, disposition, encumbrance, merger or consolidation made other than in accordance with the order of the division authorizing the same shall be void.

2. The permission and approval of the division to the exercise of a franchise or permit under this law, or the sale, assignment, lease, transfer, mortgage or other disposition or encumbrance of a franchise or permit under this section, shall not be construed to revive or validate any lapsed or invalid franchise or permit, or to enlarge or add to the powers or privileges contained in the grant of any franchise or permit, or to waive any forfeiture.

3. Nothing in this section contained shall be construed to prevent the sale, lease or other disposition by any corporation, person or public utility of a class designated in this section of property which is not necessary or useful in the performance of its duties to the public, and any sale of its property by such corporation, person or public utility shall be conclusively presumed to have been of property which is not useful or necessary in the performance of its duties to the public, as to any purchaser of such property in good faith for value.]

[387.260. 1. No railroad corporation, street railroad corporation, electrical corporation, domestic or foreign, shall hereafter purchase or acquire, take or hold, any part of the capital stock of any railroad corporation or street railroad corporation or other common carrier organized or existing under or by virtue of the laws of this state, unless authorized so to do by the division of transportation; and save where stock shall be transferred or held for the purpose of collateral security, no stock corporation of any description, domestic or foreign, other than a railroad corporation, street railroad corporation, or electrical corporation, shall, without the consent of the division, purchase or acquire, take or hold, more than ten percent of the total capital stock issued by any railroad corporation or street railroad corporation or other common carrier organized or existing under or by virtue of the laws of this state, except that a corporation now lawfully holding a majority of the stock of any railroad corporation or street railroad corporation may with the consent of the division acquire and hold the remainder of the capital stock of such railroad corporation or street railroad corporation or any portion thereof.

2. Nothing herein contained shall be construed to prevent the holding of stock heretofore lawfully acquired, or to prevent, upon the surrender or exchange of said stock pursuant to a reorganization plan, the purchase, acquisition, taking or holding of a proportionate amount of stock of any new corporation organized to take over, at foreclosure or other sale, the property of any corporation whose stock has been thus surrendered or exchanged.

3. Every contract, assignment, transfer or agreement for transfer of any stock by or through any person or corporation to any corporation, in violation of any provision of this chapter, shall be void and of no effect, and no such transfer or assignment shall be made upon the books of any such railroad corporation or street railroad corporation, or shall be recognized as effective for any purpose.]

387.270. 1. A [common] motor carrier[, railroad corporation or street railroad corporation] organized or existing, or hereafter incorporated, under or by virtue of the laws of the state of Missouri, may issue stocks, bonds, notes or other evidences of indebtedness payable at periods of more than twelve months after the date thereof, when necessary for the acquisition of property, the construction, completion, extension or improvement of its facilities, or for the improvement or maintenance of its service, or for the discharge or lawful refunding of its obligations, or for the reimbursement of moneys actually expended from income, or from any other moneys in the treasury of the corporation not secured by or obtained from the issue of stocks, bonds, notes or other evidence of indebtedness of such corporation, within five years next prior to the filing of an application with the division of transportation for the required authorization, for any of the aforesaid purposes except maintenance of service and except replacements in cases where the applicant shall have kept its accounts and vouchers of such expenditure in such manner as to enable the division to ascertain the amount of moneys so expended and the purposes for which such expenditure was made; provided, and not otherwise, that there shall have been secured from the division an order authorizing such issue, and the amount thereof, and stating the purposes to which the issue or proceeds thereof are to be applied, and that, in the opinion of the division, the money, property or labor to be procured or paid for by the issue of such stocks, bonds, notes or other evidence of indebtedness is or has been reasonably required for the purposes specified in the order, and that except as otherwise permitted in the order in the case of bonds, notes and other evidence of indebtedness, such purposes are not, in whole or in part, reasonably chargeable to operating expenses or to income.

2. For the purpose of enabling it to determine whether it should issue such an order, the division shall make such inquiry or investigation, hold such hearings and examine such witnesses, books, papers, documents or contracts as it may deem of importance in enabling it to reach a determination. Such corporation shall not without the consent of the division apply said issue or any proceeds thereof to any purpose not specified in such order.

3. Such [common] motor carrier[, railroad corporation or street railroad corporation] may issue notes, for proper corporate purposes and not in violation of any provision of this chapter, or any other law, payable at periods of not more than twelve months without such consent, but no such notes shall, in whole or in part, directly or indirectly, be refunded, by any issue of stock or bonds or by any evidence of indebtedness running for more than twelve months without the consent of the division; provided, however, that the division shall have no power to authorize the capitalization of any franchise to be a corporation or to authorize the capitalization of any franchise or the right to own, operate or enjoy any franchise whatsoever in excess of the amount (exclusive of any tax or annual charge) actually paid to the state or to a political subdivision thereof as the consideration for the grant of such franchise or right; nor shall the capital stock of a corporation formed by the merger or consolidation of two or more other corporations, exceed the sum of the capital stock of the corporation so consolidated, at the par value thereof, or such sum and any additional sum actually paid in cash; nor shall any contract for consolidation or lease be capitalized in the stock of any corporation whatever; nor shall any corporation hereafter issue any bonds against or as a lien upon any contract for consolidation or merger.

387.280. 1. No [railroad corporation, street railroad corporation or common] motor carrier governed by the provisions of this chapter shall issue any stock, bonds, notes or other evidence of indebtedness, for money, property or services, either directly or indirectly, nor shall it receive any money, property or services in payment of the same, either directly or indirectly, until there shall have been recorded upon the books of such corporation or person the certificate of the division of transportation herein provided for.

2. No [railroad corporation, street railroad corporation or common] motor carrier governed by the provisions of this chapter shall declare any stock, bond or scrip dividend or divide the proceeds of the same of any stock, bond or scrip among its stockholders unless authorized by the division so to do.

387.290. 1. The division of transportation shall have the power to require [railroad corporations, street railroad corporations and common] motor carriers to account for the disposition of the proceeds of all sales of stocks, bonds, notes and other evidences of indebtedness in such form and detail as it may deem advisable and to establish such rules and regulations as it may deem reasonable and necessary to insure the disposition of such proceeds for the purpose or purposes specified in its order.

2. All stock, and every bond, note or evidence of indebtedness, of a [railroad corporation, street railroad corporation or common] motor carrier issued without an order of the division authorizing the same then in effect shall be void, and likewise all stock, and every bond, note or other evidence of indebtedness, of a [railroad corporation, street railroad corporation or common] motor carrier issued with the authorization of the division, but not conforming in its provisions to the provisions, if any, which it is required by the order of authorization of the division to contain, shall be void; but no failure in any other respect to comply with the terms or conditions of the order of authorization of the division shall render void any stock, or any bond, note or other evidence of indebtedness, except as to a corporation or person taking the same otherwise than in good faith and for value and without actual notice.

3. Every [railroad corporation, street railroad corporation or common] motor carrier, which directly or indirectly issues or causes to be issued, any stock or stock certificates, or bond, note or other evidence of indebtedness, in nonconformity with the order of the division authorizing the same, or contrary to the provisions of this chapter, or of the constitution of the state, or which applies the proceeds from the sale thereof, or any part thereof, to any purpose other than the purpose or purposes specified in the division's order, as herein provided, or to any purpose specified in the division's order in excess of the amount in said order authorized for such purpose, is subject to a penalty of not less than five hundred dollars nor more than twenty thousand dollars for each offense.

4. Every officer, agent or employee of a [railroad corporation, street railroad corporation or common] motor carrier, and every other person who knowingly authorizes, directs, aids in, issues or executes, or causes to be issued or executed, any stock, or bond, note or other evidence of indebtedness, in nonconformity with the order of the division authorizing the same, or contrary to the provisions of this chapter, or of the constitution of this state, or who, in any proceeding before the division, knowingly makes any false statement or representation, or with knowledge of its falsity files or causes to be filed with the division any false statement or representation which said statement or representation so made, filed or caused to be filed may tend in any way to influence the division to make an order authorizing the issue of any stock, or any bond, note or other evidence of indebtedness, or which results in procuring from the division the making of any such order, or who, with knowledge that any false statement or representation was made to the division in any proceeding, tending in any way to influence the division to make such order, issues or executes or negotiates, or causes to be issued, executed or negotiated any such stock, or bond, note or other evidence of indebtedness, or who directly or indirectly, knowingly applies, or causes or assists to be applied the proceeds or any part thereof, from the sale of any stock, or bond, note or other evidence of indebtedness, to any purpose not specified in the division's order, or to any purpose specified in the division's order in excess of the amount authorized for such purpose, or who, with knowledge that any stock, or bond, note or other evidence of indebtedness, has been issued or executed in violation of any of the provisions of this chapter, negotiates, or causes the same to be negotiated, shall be deemed guilty of a felony, and upon conviction, shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars, or by imprisonment for not less than two years nor more than five years, or by both such fine and imprisonment.

5. No provision of this chapter, and no deed or act done or performed under or in connection therewith, shall be held or construed to obligate the state of Missouri to pay or guarantee, in any manner whatsoever, any stock, or bond, note or other evidence of indebtedness, authorized, issued or executed under the provisions of this chapter.

6. All stocks, and every bond, note or other evidence of indebtedness issued by any [railroad corporation, street railroad corporation or common] motor carrier after this chapter takes effect, upon the authority of any articles of incorporation or amendments thereto or vote of the stockholders or directors filed, taken or had, or other proceedings taken or had, previous to the taking effect of this chapter, shall be void, unless an order of the division authorizing the issue of such stock, or bonds, notes, or other evidences of indebtedness shall have been obtained from the division prior to such issue. The division may by its order impose such condition or conditions as it may deem reasonable and necessary.

387.300. 1. The division of transportation shall have the power to ascertain the value of the property of every [railroad corporation, street railroad corporation and common] motor carrier in this state and every fact which in its judgment may or does have any bearing on such value. The division shall have power to make revaluations from time to time and to ascertain all new construction, extensions and additions to the property of every [railroad corporation, street railroad corporation and common] motor carrier.

2. For the purpose of ascertaining the matters and things specified in this section concerning the value of the property of [railroad corporations, street railroad corporations and common] motor carriers the division may cause a hearing or hearings to be held at such time or times or place or places as the division may designate. Before any hearing is had, the division shall give the [railroad corporation, street railroad corporation or common] motor carrier affected thereby at least thirty days' written notice, specifying the time and place of such hearing, and such notice shall be sufficient to authorize the division to inquire into the matters designated in this section, but this provision shall not prevent the division from making any preliminary examination or investigation into the matters herein referred to, or from inquiring into such matters in any other investigation or hearing. All [railroad corporations, street railroad corporations and common] motor carriers affected shall be entitled to be heard and to introduce evidence at such hearing or hearings. The division is empowered to resort to any other source of information available which information shall be offered in evidence on such hearing. The evidence introduced at such a hearing or at such hearings shall be reduced to writing and certified under the seal of the division.

3. The division shall make and file its findings of fact in writing upon all matters concerning which evidence shall have been introduced before it which in its judgment have bearing on the value of the property of the [railroad corporation, street railroad corporation or common] motor carrier affected. Such findings shall be subject to review by any circuit court of this state in the same manner and within the same time as other orders and decisions of the division. The findings of the division so made and filed, when properly certified under the seal of the division, shall be admissible in evidence in any action, proceeding or hearing before the division or any court in which the division, the state or any officer, department or institution thereof, or any county, city, municipality or other body politic and the [railroad corporation, street railroad corporation or common] motor carrier affected may be interested, whether arising under the provisions of this chapter or otherwise, and such findings when so introduced shall be conclusive evidence of the acts therein stated as of the date therein stated under conditions then existing, and such facts can only be controverted by showing a subsequent change in conditions bearing upon the facts therein determined.

4. The division may from time to time cause further hearings and investigations to be had for the purpose of making revaluations or ascertaining the value of any betterments, improvements, additions or extensions made by any [railroad corporation, street railroad corporation or common] motor carrier subsequent to any prior hearing or investigation, and may examine into all matters which may change, modify or affect any findings of fact previously made, and may at such time make findings of fact supplementary to those theretofore made. Such hearings shall be had upon the same notice and be conducted in the same manner, and the findings so made shall have the same force and effect as is provided herein for such original notice, hearing and findings; provided, that such findings made at such supplemental hearings or investigations shall be considered in connection with and as a part of the original findings except insofar as such supplemental findings shall change or modify the findings made at the original hearing or investigation.

387.310. 1. The division of transportation may, whenever it deems advisable, establish a system of accounts to be used by [railroad and street railroad corporations or other common] motor carriers which are subject to its supervision, or may classify the said corporations and other carriers and prescribe a system of accounts for each class, and may prescribe the manner in which such accounts shall be kept. It may also, in its discretion, prescribe the forms of accounts, records and memoranda to be kept by such corporations, including the accounts, records and memoranda of the movement of traffic, as well as the receipts and expenditures of moneys. Notice of alterations by the division in the required method or form of keeping a system of accounts shall be given to such persons or corporations by the division at least six months before the same are to take effect. [The system of accounts established by the division and the forms of accounts, records and memoranda prescribed by it as provided above shall conform in the case of railroad corporations as nearly as may be to those from time to time established and prescribed by the Interstate Commerce Commission under the provisions of the act of Congress entitled "An Act to Regulate Commerce", approved February 4, 1887, and the acts amendatory thereof or supplementary thereto.]

2. The division shall at all times have access to all accounts, records and memoranda kept by [railroad and street railroad corporations and by common] motor carriers, and may designate any of its officers or employees, who shall thereupon have authority under the order of the division to inspect and examine any and all accounts, records and memoranda kept by such corporations.

3. The division may, after hearing, prescribe by order the accounts in which particular outlays and receipts shall be entered, charged or credited. Whenever the division has prescribed the form of accounts, records and memoranda to be kept by such corporations it shall be unlawful for them to keep any other accounts, records or memoranda than those so prescribed, or those prescribed by or under the authority of the United States.

4. Any employee or agent of the division who divulges any fact or information which may come to [his] the employee's or agent's knowledge during the course of any such inspection or examination except insofar as [he] the employee or agent may be directed by the division or by a court [or judge thereof], or authorized by law, shall be guilty of a misdemeanor.

387.320. The division of transportation shall have power, after hearing, to require any or all [railroad corporations, street railroad corporations or common] motor carriers to carry a proper and adequate depreciation account in accordance with such rules, regulations and forms of account as the division may prescribe. The division may, from time to time, ascertain and determine and by order fix the proper and adequate rates of depreciation of the several classes of property of such corporation, person or public utility. Each [railroad corporation, street railroad corporation and common] motor carrier shall conform its depreciation accounts to the rates so ascertained, determined and fixed, and shall set aside the moneys so provided for out of earnings and carry the same in a depreciation fund and expend such fund only for such purposes and under such rules and regulations, both as to original expenditure and subsequent replacement as the division may prescribe. The income from investments of moneys in such fund shall likewise be carried in such fund.

[387.330. 1. Every railroad corporation and street railroad corporation shall file an annual report with the division of transportation, verified by the oath of the president, treasurer, general manager or receiver, if any, of such corporation, or by the person required to file the same. The verification shall be made by said official holding office at the time of the filing of the said report, and if not made upon the knowledge of the person verifying the same shall set forth the sources of his information and the grounds of his belief as to any matters not stated to be verified upon his knowledge.

2. The division shall prescribe the form of such reports and the character of the information to be contained therein, and may from time to time make such changes and such conditions in regard to form and contents thereof as it may deem proper, and on or before June thirtieth in each year shall furnish a blank form for such annual reports to every such corporation and person.

3. The division may require such report to contain information in relation to rates or regulations concerning fares or freights, agreements or contracts affecting the same, so far as such rates or regulations pertain to transportation within this state.

4. When the report of any such corporation or person is defective, or believed to be erroneous, the division shall notify the corporation or person to amend the same within a time prescribed by the division.

5. The originals of the reports, subscribed and sworn to as prescribed by law, shall be preserved in the office of the division.

6. The division may also require such corporations and persons to file periodic reports in the form, covering the period and at the time prescribed by the division. The division may require of any such corporation or person specific answers to questions upon which the division may need information.

7. The annual report required to be filed by a railroad or street railroad corporation shall be so filed on or before the thirtieth day of September in each year. The division may extend the time for making and filing such report for a period not exceeding sixty days.

8. If such corporation or person shall fail to make and file the annual report within the time above specified or within the time extended by the division, or shall fail to amend such report within such reasonable time as may be prescribed by the division, or shall fail to make specific answer to any question, or shall fail to make the periodic reports when required by the division as herein provided, within the time and in the form prescribed by the division for the making and filing of any such report or answer, such corporation or person shall forfeit to the state the sum of one hundred dollars for each and every day it shall continue to be in default with respect to such annual report, amendment, answer or periodic report. Such forfeiture shall be recovered in an action brought by the division in the name of the state of Missouri. The amount recovered in any action shall be promptly transmitted to the state director of revenue and by him deposited to the credit of the public school fund of the state.]

387.340. Reorganizations of [railroad corporations, street railroad corporations and common] motor carriers shall be subject to the supervision and control of the division of transportation and no such reorganization shall be had without the authorization of the division. Upon all such reorganizations the amount of capitalization, including therein all stocks and bonds and other evidence of indebtedness, shall be such as is authorized by the division which, in making its determination, shall not exceed the fair value of the property involved, taking into consideration its original cost of construction, duplication costs, present condition, earning power at reasonable rates and all other relevant matters and any additional sum or sums as shall be actually paid in cash; provided, however, that the division may make due allowance for discount of bonds. Any reorganization agreement before it becomes effective shall be amended so that the amount of capitalization shall conform to the amount authorized by the division. The division may by its order impose such condition or conditions as it may deem reasonable and necessary.

[387.350. In case a common carrier shall do, cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done by this chapter or by any order or decision of the division of transportation, such common carrier shall be liable to the persons or corporations affected thereby for all loss, damage or injury caused thereby or resulting therefrom, and in case of recovery, if the court shall find that such act or omission was willful, it may in its discretion fix a reasonable counsel or attorney's fee, which fee shall be taxed and collected as part of the costs in the case. An action to recover for such loss, damage or injury may be brought in any court of competent jurisdiction by any such person or corporation.]

[387.360. That no contract, receipt, rule, notice or regulation shall exempt any railway company, or corporation, express company or corporation or any other company, corporation or common carrier, engaged in the transportation of persons or property, from the liability of a common carrier, or carrier of passengers, which would exist had no contract, receipt, rule, notice or regulation been made or entered into.]

[387.370. No common carrier authorized to do business in this state, when requiring of an employee that he give it a bond or undertaking of any nature whatever, shall require such employee to have such bond or undertaking executed as surety by any particular person, company, corporation, association, or firm, or by any one or more of any number of such persons, companies, corporations, associations or firms named by such common carrier; and no such common carrier shall reject any such bond or undertaking for any reason other than the financial insufficiency of such bond or undertaking.]

[387.380. No common carrier, authorized to do business in this state, when requiring of any employee that he give it a bond or undertaking of any nature whatsoever, shall require as surety thereon any person not a resident of this state; nor shall any such common carrier accept as such surety any company, corporation or association, unless the same is a corporation duly organized under the laws of Missouri, or who shall have designated an agent residing within this state upon whom service of legal process against it may be made, as provided for foreign corporations doing business in this state, and shall also require that every such bond or undertaking shall be approved, and canceled, if canceled, by said agent with whom a complete record thereof shall be kept.]

[387.390. 1. Every bond or undertaking of any nature whatsoever given by an employee of any common carrier authorized to do business in this state, shall be made to cover a definite term; and no such bond or undertaking shall be canceled without the consent of all parties thereto, except for a breach of one or more of the conditions thereof. Any such employee who shall have given any such bond or undertaking shall, upon breach of any of the conditions thereof by the other party or parties thereto, have the power to cancel the same by giving the surety or sureties thereon and the common carrier for the benefit of whom the same shall have been made at least ten days' notice in writing, setting out in full the reasons for canceling the same, said notice to be signed by such employee and sworn to by him in this state before any officer authorized to administer oaths. Any such notice to a company, corporation or association may be served by leaving the same with any person upon whom service of legal process upon such company, corporation or association may be had.

2. Any surety on any such bond or undertaking shall, upon the breach of any of the conditions thereof by the common carrier employee for whom the same shall have been made, have power to cancel the same by giving such employee at least ten days' notice in writing, setting out in full the reasons for canceling the same, the said notice to be signed by an agent or manager of such surety, then a resident of this state and then authorized to approve or disapprove similar bonds or undertakings for such surety, and to be sworn to by the person signing, the same in this state before an officer authorized to administer oaths; provided, that nothing herein shall affect any right of action accruing to any person upon the breach of a contract.]

[387.400. Any officer, agent or representative of any company, corporation, association or firm, or any other person who shall violate any of the provisions of sections 387.370 to 387.400 shall be guilty of a misdemeanor and be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, and by imprisonment in the county jail for a period of not less than thirty days nor more than one year. Any bond, contract or undertaking made in violation of the provisions of sections 387.370 to 387.400 shall be void.]

389.610. 1. No public road, highway or street shall be constructed across the track of any railroad corporation, nor shall the track of any railroad corporation be constructed across a public road, highway or street, nor shall the track of any railroad corporation be constructed across the track of any other railroad or street railroad corporation at grade nor shall the track of a street railroad corporation be constructed across the tracks of a railroad corporation at grade, without having first secured the permission of the division of transportation, except that this subsection shall not apply to the replacement of lawfully existing tracks. The division shall have the right to refuse its permission or to grant it upon such terms and conditions as it may prescribe.

2. Every railroad corporation shall construct and maintain good and sufficient crossings and crosswalks where its railroad crosses public roads, highways, streets or sidewalks now or hereafter to be opened.

3. The division of transportation shall make and enforce reasonable rules and regulations pertaining to the construction and maintenance of all public grade crossings. These rules and regulations shall establish minimum standards for:

(1) The materials to be used in the crossing surface;

(2) The length and width of the crossing;

(3) The approach grades;

(4) The party or parties responsible for maintenance of the approaches and the crossing surfaces.

4. The division shall have the exclusive power to determine and prescribe the manner, including the particular point of crossing, and the terms of installation, operation, maintenance, apportionment of expenses, use and warning devices of each crossing of a public road, street or highway by a railroad or street railroad, and of one railroad or street railroad by another railroad or street railroad. In order to facilitate such determinations, the division may adopt pertinent provisions of The Manual on Uniform Traffic Control Devices for Streets and Highways or other national standards.

5. The division shall have the exclusive power to alter or abolish any crossing, at grade or otherwise, of a railroad or street railroad by a public road, highway or street whenever the division finds that public [convenience and] necessity will not be adversely affected and public safety will be promoted by so altering or abolishing such crossing, and to require, where, in its judgment it would be practicable, a separation of grades at any crossing heretofore or hereafter established, and to prescribe the terms upon which such separation shall be made.

6. The division shall have the exclusive power to prescribe the proportion in which the expense of the construction, installation, alteration or abolition of such crossings, the separation of grades, and the continued maintenance thereof, shall be divided between the railroad, street railroad, and the state, county, municipality or other public authority in interest.

7. Any agreement entered into after October 13, 1963, between a railroad or street railroad and the state, county, municipality or other public authority in interest, as to the apportionment of any cost mentioned in this section shall be final and binding upon the filing with the division of an executed copy of such agreement. If such parties are unable to agree upon the apportionment of the cost, the division shall apportion the cost among the parties according to the benefits accruing to each. In determining such benefits, the division shall consider all relevant factors including volume, speed and type of vehicular traffic, volume, speed and type of train traffic, and advantages to the public and to such railroad or street railroad resulting from the elimination of delays and the reduction of hazard at the crossing.

8. Upon application of any person, firm or corporation, the division shall determine if an existing private crossing has become or a proposed private crossing will become utilized by the public to the extent that it is necessary to protect or promote the public safety. The division shall consider all relevant factors including but not limited to volume, speed, and type of vehicular traffic, and volume, speed, and type of train traffic. If it be determined that it is necessary to protect and promote the public safety, the division shall prescribe the nature and type of crossing protection or warning device for such crossing, the cost of which shall be apportioned by the division among the parties according to the benefits accruing to each. In the event such crossing protection or warning device as prescribed by the division is not installed, maintained or operated, the crossing shall be closed to the public.

389.994. 1. The division shall make reasonable rules and regulations governing the construction, reconstruction and maintenance of walkways adjacent to industrial railroad trackage.

2. Industrial railroad trackage shall mean any and all tracks owned, leased or used by any person, firm or corporation, other than a railroad as defined by section 622.100, RSMo, which connect with the tracks of a railroad and on which a railroad switches or operates cars or locomotives.

3. Before formulating such rules and regulations, the division shall conduct hearings and invite participation of interested groups. These groups shall make suggestions relating to the minimum standards to be embodied in the rules and regulations. The division shall consider the suggestions prior to the issuance of any rules and regulations.

4. The division may amend the rules and regulations at any time upon its own motion or upon complaint by an individual or group, in the same manner as it adopts other rules and regulations.

5. The division may, by order, require any railroad to cease and desist from operating or switching cars or locomotives over any industrial railroad trackage which is found by the division not to be in conformity with such rules and regulations or which otherwise constitute an unusual hazard.

389.996. The division may investigate the cause of all accidents on any railroad or street railroad within this state which result in loss of life or injury to persons or property. Every railroad corporation and street railroad corporation is hereby required to give immediate notice to the division of every accident happening upon any line of railroad or street railroad owned, operated, controlled or leased by it, within this state in such manner as the division may direct. Such notice shall not be admitted as evidence or used for any purpose against such railroad corporation or street railroad corporation giving such notice in any suit or action for damages growing out of any matter mentioned in such notice.

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 recordkeeping,] the division may suspend the certificate, permit or property carrier registration, 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.

508.070. 1. Suit may be brought against any motor carrier which is subject to regulation [under] pursuant to chapter 390, RSMo, in any county where the cause of action may arise, in any town or county where the motor carrier operates, or judicial circuit where the cause of action accrued, or where the defendant maintains an office or agent, and service may be had upon the motor carrier whether an individual person, firm, company, association, or corporation, by serving process upon the [secretary of the public service commission] director, division of motor carrier and railroad safety.

2. When a summons and petition are served upon the [secretary of the public service commission] director, division of motor carrier and railroad safety, naming any motor carrier, either a resident or nonresident of this state, as a defendant in any action, the [secretary] director shall immediately mail the summons and petition by registered United States mail to the motor carrier at the business address of the motor carrier as it appears upon the records of the commission. The [secretary] director shall request from the postmaster a return receipt from the motor carrier to whom the registered letter enclosing copy of summons and petition is mailed. The [secretary] director shall inform the clerk of the court out of which the summons was issued that the summons and petition were mailed to the motor carrier, as herein described, and the [secretary] director shall forward to the clerk the return receipt showing delivery of the registered letter.

3. Each motor carrier not a resident of this state and not maintaining an office or agent in this state shall, in writing, designate the [secretary of the public service commission] director as its authorized agent upon whom legal service may be had in all actions arising in this state from any operation of the motor vehicle [under] pursuant to authority of any certificate or permit, and service shall be had upon the nonresident motor carrier as herein provided.

4. There shall be kept in the office of the [secretary of the public service commission] director, division of motor carrier and railroad safety a permanent record showing all process served, the name of the plaintiff and defendant, the court from which the summons issued, the name and title of the officer serving the same, the day and the hour of service, the day and date on which petition and summons were forwarded to the defendant or defendants by registered letter, the date on which return receipt is received by the [secretary of the commission] director, and the date on which the return receipt was forwarded to the clerk of the court out of which the summons was issued.

622.010. A "[Transportation] Division of Motor Carrier and Railroad Safety" is hereby established within the department of economic development. 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.

622.100. As used in this chapter and as used in chapters 387, 388, 389, 390 and 391, RSMo, when not in conflict with a specific definition in any such chapter, the following words and phrases mean:

(1) "Common carrier" includes every motor carrier, as defined in section 390.020, RSMo, and all railroad corporations, street railroad corporations, express companies, freight companies, freightline companies, and every corporation, company, association, and partnership, of every kind, and every person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, holding, operating, controlling or managing any such agency for public use in the conveyance of persons or property within this state;

(2) "Corporation" includes a corporation, company, association, limited liability company, limited liability partnership and joint stock association or company;

(3) "Division", the division of motor carrier and railroad safety within the department of economic development;

(4) "Division staff", all personnel of the division, except those individuals assigned to the administrative law judge section;

(5) "Express corporation" includes every person, their lessees, trustees or receivers appointed by any court whatsoever, engaged in or transacting the business of transporting any freight, merchandise or other property for compensation on the line of any common carrier within this state;

(6) "Line" includes route;

(7) "Municipality" includes a city, village or town;

(8) "Person" includes an individual, corporation, governmental entity, and a firm or partnership;

(9) "Railroad" includes every railroad and railway, other than street railroad, by whatsoever power operated for public use in the conveyance of persons or property for compensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations, real estate and terminal facilities of every kind used, operated, controlled or owned by or in connection with any such railroad;

(10) "Railroad corporation" includes every person, their lessees, trustees or receivers owning, holding, operating, controlling or managing any railroad or railway or any cars or other equipment used thereon or in connection therewith;

(11) "Rate", every individual or joint rate, fare, toll, charge, reconsigning charge, rental or other compensation of any corporation, person or common carrier or any schedule or tariff thereof;

(12) "Service" includes not only the use and accommodations afforded consumers or patrons, but also any product or commodity furnished by any corporation, person or carrier and the plant, equipment, apparatus, appliances, property and facilities employed by any corporation, person or carrier in performing any service or in furnishing any product or commodity and devoted to the public purposes of such corporation, person or carrier, and to the use and accommodation of consumers or patrons;

(13) "Street railroad" includes every railroad by whatsoever type of power operated, and all extensions and branches thereof and supplementary facilities thereto for public use in the conveyance of persons or property for compensation, mainly providing local transportation service upon the streets, highways and public places in a municipality, or in and adjacent to a municipality, and including all cars, buses and other rolling stock, equipment, switches, spurs, tracks, poles, wires, conduits, cables, subways, tunnels, stations, terminals and real estate of every kind used, operated or owned in connection therewith; and the term "street railroad" when used in this chapter, shall also include all motor bus and trolley bus lines and routes and similar local transportation facilities, and the rolling stock and other equipment thereof and the appurtenances thereto, when operated as a part of a street railroad or trolley bus local transportation system, or in conjunction therewith or supplementary thereto, but such term shall not include a railroad constituting or used as part of a trunk line railroad system and any street railroad as defined above which shall be converted wholly to motor bus operation shall nevertheless continue to be included within the term "street railroad" as used herein;

(14) "Street railroad corporation" includes every person, their lessees, trustees or receivers, owning, holding, operating, controlling or managing any street railroad as herein defined; and any such street railroad, and all of its cars, buses, other equipment, instrumentalities, property and operations, shall be governed by and subject to the provisions of this chapter applicable to street railroads and street railroad corporations and not by the provisions applicable to other types of railroads;

(15) "Transportation of persons" includes every service in connection with or incidental to the safety, comfort or convenience of the person transported and the receipt, carriage and delivery of such person and the person's baggage;

(16) "Transportation of property" includes any service in connection with the receiving, delivery, elevation, transfer in transit, ventilation, refrigeration, storage, and handling of the property transported.

622.110. No provisions of this chapter or chapter 387, 388, 389, 390 or 391, RSMo, except when specifically so stated, shall apply to or be construed to apply to commerce with foreign nations or commerce among the several states of this union, except insofar as the same may be permitted under the provisions of the Constitution of the United States and the acts of Congress.

622.115. The director of the division may destroy by burning, or otherwise dispose of such records, financial statements and such public documents which shall at the time of destruction or disposal have been on file in the office of the division for a period of five years or longer and which are determined by the director of the division to be obsolete or of no further public use or value, except such records and documents as may at the time be known by the director of the division to be the subject of litigation or dispute.

622.120. Each administrative law judge and each person appointed to office or employment by the governor or by the division shall, before entering upon the duties of such person's office or employment, take and subscribe to an oath or affirmation to support the Constitution of the United States and of this state, and to faithfully and honestly discharge the duties of such office. No person shall be eligible to appointment or shall hold the office of administrative law judge, or be appointed by the division, or hold any office or position under the division, who holds any official relation to any common carrier, railroad corporation, street railroad corporation, transportation of freight or property company, carrier, corporation or person subject to any of the provisions of this chapter or chapter 387, 388, 389, 390 or 391, RSMo, or who owns stocks or bonds therein, or who has any pecuniary interest therein.

622.130. 1. Every administrative law judge and every person employed or appointed to office by the division is hereby forbidden and prohibited to solicit, suggest, request or recommend, directly or indirectly, to any common carrier or other person subject to the supervision of the division, or to any officer, attorney, agent or employee thereof, the appointment of any person to any office, place, position or employment. Every such person or entity and every officer, attorney, agent and employee thereof, is hereby forbidden and prohibited to offer to any administrative law judge or to any person employed by the division any office, place, appointment or position, or to offer or give to any administrative law judge or to any person employed or appointed to office by the division any free pass or transportation or any reduction in fare to which the public generally is not entitled or free carriage for property or any present, gift, entertainment or gratuity of any kind.

2. If any administrative law judge or any person employed or appointed to office by the division violates any provision of this section, such person shall be removed from the office. Every administrative law judge and every person employed or appointed to office by the division shall be and be deemed to be a public officer.

3. If any common carrier or other person subject to the supervision of the division violates any provision of this section, it shall be liable to the state of Missouri in a civil action in any court of competent jurisdiction for the assessment of a civil penalty not to exceed twenty thousand dollars. The penalty provided in this subsection shall be in addition to any other penalty provided for violation of the provisions of this chapter. The attorney general shall bring the action authorized in this subsection. The action may be brought in any county where the defendant's principal place of business is located or where the violation occurred, or where the registered agent is located. The penalty assessed under the provisions of this subsection shall be paid into the state treasury to the credit of the public school fund.

4. Any officer, agent or employee of the division or of any carrier who violates any provision of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment.

622.140. 1. The division may confer in person, or by correspondence, by attending conventions, or in any other way, with the members of any railroad, transportation, public utility, public service commission, or similar division of other states and the United States of America, or any official, agency or instrumentality thereof, on any matter relating to the performance of its duties.

2. The division may enter into and establish fair and equitable cooperative agreements or contracts with or act as an agent or licensee for the United States of America, or any official, agency or instrumentality thereof, or any railroad, transportation, public utility, public service commission, or similar division of other states, that are proper. expedient, fair and equitable and in the interest of the state of Missouri and the citizens thereof, for the purpose of carrying out its duties under this chapter with reference to railroads or street railroads, as limited and supplemented by section 622.110 and to that end the division may receive and disburse any contributions, grants or other financial assistance as a result of or pursuant to such agreements or contracts. Any contributions, grants or other financial assistance so received shall be deposited in the railroad expense fund established in section 622.015 and appropriated for the purposes for which they are received.

3. The division may make joint investigations, hold joint hearings within or without the state, and issue joint or concurrent orders in conjunction or concurrence with any railroad, transportation, public utility, public service commission, or similar division, of other states or the United States of America, or any official, agency or any instrumentality thereof, except that in the holding of such investigations or hearings, or in the making of such orders, the division shall function under agreements or contracts between states or under the concurrent power of states to regulate interstate commerce, or as an agent of the United States of America, or any official, agency or instrumentality thereof, or otherwise.

622.150. The division may engage in any conferences with officials of any and all other states and the District of Columbia, territories and possessions of the United States and foreign countries for the purpose of promoting, entering into, and establishing fair and equitable reciprocal agreements or arrangements that in the judgment of the division are proper, expedient, fair, and equitable and in the interest of the state of Missouri and the citizens thereof to the end that any motor carrier of passengers or property which operates motor vehicles and trailers into, out of, or through this state as a for hire motor carrier and which has paid all regulatory fees required by the state, District of Columbia, territory or possession of the United States or foreign country where the motor vehicles and trailers are duly licensed or registered pursuant to an agreement or arrangement entered into by the Missouri highway reciprocity commission, or if no such agreement or arrangement has been entered into, where the owner is a resident, shall not be required to pay fees prescribed in section 390.136, RSMo; but the provisions of this section shall be operative as to a motor vehicle and trailer duly licensed or registered in a state, District of Columbia, territory or possession of the United States or foreign country pursuant to an agreement or arrangement entered into by the Missouri highway reciprocity commission and if no such agreement or arrangement has been entered into, where the owner is a resident, upon which all regulatory fees have been paid, when operated for hire in Missouri only to the extent that, under the laws of the state, District of Columbia, territory or possession of the United States or foreign country, wherein such motor vehicle and trailer are registered like exemptions are granted motor vehicles and trailers duly licensed or registered in Missouri which may be conducting similar motor carrier operations for hire in such other state, District of Columbia, territory or possession of the United States, or foreign country.

622.160. Whenever any carrier has a controversy with another carrier or person and all the parties to such controversy agree in writing to submit such controversy to the division as arbitrator, the division shall act as such arbitrator, and after due notice to all parties interested shall proceed to hear such controversy, and their award shall be final. Parties may appear in person or by attorney before such arbitrator.

622.170. The division may authorize any person employed by it to do or perform any act, matter or thing which the division is authorized by this chapter to do or perform, except that no order, rule or regulation of any person employed by the division shall be binding on any carrier or any person unless expressly authorized or approved by the division.

622.190. 1. The division may, whenever it deems advisable, establish a system of accounts to be used by railroad and street railroad corporations or other common carriers which are subject to its supervision, or may classify the said corporations and other carriers and prescribe a system of accounts for each class, and may prescribe the manner in which such accounts shall be kept. It may also, in its discretion, prescribe the forms of accounts, records and memoranda to be kept by such corporations, including the accounts, records and memoranda of the movement of traffic, as well as the receipts and expenditures of moneys. Notice of alterations by the division in the required method or form of keeping a system of accounts shall be given to such persons or corporations by the division at least six months before the same are to take effect. The system of accounts established by the division and the forms of accounts, records and memoranda prescribed by it as provided above shall conform in the case of railroad corporations as nearly as may be to those from time to time established and prescribed by the Interstate Commerce Commission under the provisions of the act of Congress entitled "An Act to Regulate Commerce", approved February 4, 1887, and the acts amendatory thereof or supplementary thereto.

2. The division shall at all times have access to all accounts, records and memoranda kept by railroad and street railroad corporations or other common carriers and may designate any of its officers or employees, who shall thereupon have authority under the order of the division to inspect and examine any and all accounts, records and memoranda kept by such corporations.

622.200. 1. Every railroad and street railroad shall file an annual report with the division of transportation, verified by the oath of the president, treasurer, general manager or receiver, if any, of such corporation, or by the person required to file the same. The verification shall be made by said official holding office at the time of the filing of the said report, and if not made upon the knowledge of the person verifying the same shall set forth the sources of the person's information and the grounds of such person's belief as to any matters not stated to be verified upon the person's knowledge.

2. The division shall prescribe the form of such reports and the character of the information to be contained therein, and may from time to time make such changes and such conditions in regard to form and contents thereof as it may deem proper, and on or before June thirtieth in each year shall furnish a blank form for such annual reports to every such corporation and person.

3. The division may require such report to contain information in relation to rates or regulations concerning fares or freights, agreements or contracts affecting the same, so far as such rates or regulations pertain to transportation within this state.

4. When the report of any such corporation or person is defective, or believed to be erroneous, the division shall notify the corporation or person to amend the same within a time prescribed by the division.

5. The originals of the reports, subscribed and sworn to as prescribed by law, shall be preserved in the office of the division.

6. The division may also require such corporations and persons to file periodic reports in the form, covering the period and at the time prescribed by the division. The division may require of any such corporation or person specific answers to questions upon which the division may need information.

7. The annual report required to be filed by a common carrier corporation shall be so filed on or before the thirtieth day of September in each year. The division may extend the time for making and filing such report for a period not exceeding sixty days.

8. If such corporation or person shall fail to make and file the annual report within the time above specified or within the time extended by the division, or shall fail to amend such report within such reasonable time as may be prescribed by the division, or shall fail to make specific answer to any question, or shall fail to make the periodic reports when required by the division as herein provided, within the time and in the form prescribed by the division for the making and filing of any such report or answer, such corporation or person shall forfeit to the state the sum of one hundred dollars for each and every day it shall continue to be in default with respect to such annual report, amendment, answer or periodic report. Such forfeiture shall be recovered in an action brought by the division in the name of the state of Missouri. The amount recovered in any action shall be promptly transmitted to the state director of revenue and deposited by the director to the credit of the public school fund of the state.

622.210. 1. Every order, authorization or certificate issued or approved by the division under any provision of this chapter shall be in writing and entered on the records of the division. Any such order, authorization or certificate, or any part thereof, or a copy of the record of any such order, authorization or certificate, certified by an administrative law judge or by the secretary of the division director under the seal of the division to be a true copy of the original order, authorization, certificate or entry, may be recorded in the office of the recorder of any county or city, in which is located the principal office and place of business of any corporation, person or carrier affected thereby, or in which is situated any property of any such corporation, person or carrier, and such record shall impart notice of its provisions to all persons. A certificate under the seal of the division that any such order, authorization or certificate has not been modified, stayed, suspended or revoked may also be recorded in the same offices in the same manner and with the same effect.

2. Every common carrier which engages in intrastate commerce within this state shall make available to the division within this state all accounts, records, memoranda, books and papers carried in pursuance of the requirements of law.

622.220. Copies of all official documents and orders filed or deposited according to law in the office of the division, certified by an administrative law judge or by the division director to be true copies of the originals, under the official seal of the division, shall be evidence in like manner as the originals.

622.230. 1. No fees shall be charged or collected for copies of papers, records or official documents furnished to public officers for use in their official capacity, or for the annual reports of the division in the ordinary course of distribution, but the division may fix reasonable charges for publications issued under its authority. All fees charged and collected under this section shall be paid, at least once each month, accompanied by a detailed statement thereof, to the state director of revenue.

2. All fees collected pursuant to this section shall be deposited to the credit of the fund of the division from which the expenses of furnishing the copies listed in this section are paid and shall be used by the division to offset such expenses.

622.240. 1. The division may, after a hearing had upon its own motion or upon complaint, by general or special orders, rules or regulations, or otherwise, require every person, corporation, and carrier to maintain and operate its line, plant, system, equipment, apparatus, tracks and premises in such manner as to promote and safeguard the health and safety of its employees, passengers, customers, and the public. The division may prescribe, among other things, the installation, use, maintenance and operation of appropriate safety and other devices or appliances. The division may waive the requirements for notice and hearing and provide for expeditious issuance of an order in any case in which the division determines that the failure to do so would result in the likelihood of imminent threat of serious harm to life or property, except that the division shall include in such an order an opportunity for hearing as soon as practicable after the issuance of such order.

2. No person, partnership, firm or corporation shall set up, install, operate or cause to be operated, upon the person's or its premises, any sign or light commonly known as "red neon" or any other kind of red signs, along, adjacent to or in line of vision of any main line track of a railroad in this state, except the same be shaded or shielded, so as to prevent them from being observed from the line of vision, as viewed from an approaching locomotive cab, or where they may cause confusion to the men in the locomotive cab, thereby endangering the safe and efficient operating of such train or locomotive. The division shall inspect such confusing signs, upon complaint, and determine if such sign or signs are confusing or dangerous, and advise the owner or operator of their findings and prescribe an adequate shield therefor.

622.250. 1. The division shall have the general supervision of all common carriers and shall examine the same and keep informed as to the safety, adequacy, and security afforded by their service, and their compliance with all provisions of law, orders and decisions of the division.

2. The division may, through its authorized inspectors or employees, enter in and upon and inspect the property, equipment, tracks and facilities of any common carrier, and may for such inspection purposes ride upon any locomotive or train while in service, and for good cause shown may have upon reasonable notice the use of an inspection locomotive, special locomotive, inspection car or high-rail vehicle for a physical inspection.

3. The division and each administrative law judge may examine all books, contracts, records, documents and papers of any person or corporation subject to its supervision, which are pertinent to the exercise of the division's authority pursuant to this chapter or chapters 387, 388, 389, 390 and 391, RSMo, upon notice given by any administrative law judge or employee of the division, and the person so notified shall allow access to these records by the administrative law judge and any authorized employee of the division. After the division has given notice, if the person shall fail or refuse to allow access in accordance with this section, the division may by subpoena duces tecum compel production thereof. In lieu of requiring production of originals by subpoena duces tecum, the division or any administrative law judge may require sworn copies of any such books, records, documents, contracts and papers or parts thereof to be filed with it.

622.260. 1. The division may, of its own motion, investigate or make inquiry, in a manner to be determined by it, as to any act or thing done or omitted to be done by any common carrier subject to its supervision, and the division shall make such inquiry in regard to any act or thing done or omitted to be done by any such carrier, person or corporation in violation of any provision of law or in violation of any order or decision of the division.

2. Complaints may be made to the division by any person or corporation aggrieved, by petition or complaint, in writing, setting forth anything or act done or omitted to be done by any common carrier in violation, or claimed to be in violation, of any provision of law or of the terms and conditions of its franchise or charter or of any order or decision of the division. Upon the presentation of such a complaint the division shall cause a copy thereof to be forwarded to the carrier, person or corporation complained of, which may be accompanied by an order, directed to such carrier, person or corporation, requiring that the matters complained of be satisfied, or that the charges be answered in writing within a time to be specified by the division. If the carrier, person or corporation complained of shall make reparation for any injury alleged and shall cease to commit, or to permit, the violation of law, franchise, order or decision charged in the complaint, and shall notify the division of that fact before the time allowed for answer, the division need take no further action on the charges. If, however, the charges contained in such petition be not thus satisfied, and it shall appear to the division that there are reasonable grounds therefor, it shall investigate such charges in such manner and by such means as it shall deem proper, and take such action within its powers as the facts justify.

3. Whenever the division shall investigate any matter complained of by any person or corporation aggrieved by any act or omission of a common carrier under this section, it shall be its duty, within sixty days after final submission, to make and file an order either dismissing the petition or complaint or directing the carrier, person or corporation complained of to satisfy the cause of complaint in whole or to the extent which the division may specify and require.

622.290. 1. Whenever the division shall be of the opinion that a carrier, person or corporation is failing or omitting or about to fail or omit to do anything required of it by law or by order or decision of the division, or is doing anything or about to do anything or permitting anything or about to permit anything to be done, contrary to or in violation of law or of any order or decision of the division, it shall direct the general counsel to the division to commence an action or proceeding in any circuit court of the state of Missouri in the name of the division for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunctions. The division's general counsel shall thereupon begin such action or proceeding by a petition to such court alleging the violation complained of and praying for appropriate relief by way of mandamus or injunction. Such relief shall not be limited to permanent forms of mandamus and injunction, but shall include all available forms of injunction and mandamus, including temporary restraining orders, preliminary injunctions, permanent injunctions, preliminary orders of mandamus, and permanent orders of mandamus.

2. It shall thereupon be the duty of the court to specify the time, not exceeding thirty days after service of a copy of the petition, within which the carrier, person, or corporation complained of, must answer the petition in cases where an answer is contemplated by Missouri Rules of Court. In case of default in answer or after answer, the court shall immediately inquire into the facts and circumstances in such manner as the court shall direct without other or formal pleadings, and without respect to any technical requirement.

3. Such other persons or corporations as the court shall deem necessary or proper to join as parties in order to make its order, judgment or writs effective may be joined as parties upon application of the division's general counsel.

4. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that a writ of mandamus or an injunction, or both, issue as prayed for in the petition or in such modified or other form as the court may determine will afford appropriate relief.

622.300. 1. The division shall, prior to the beginning of each fiscal year beginning with the fiscal year commencing on July 1, 1997, make an estimate of the expenses to be incurred by it during such fiscal year reasonably attributable to the regulation of railroads, railroad corporations, street railroads and street railroad corporations, as provided in chapters 386, 387, 388, 389, and 391, RSMo, and this chapter, and shall also separately estimate the amount of these expenses which are:

(1) Directly attributable to the regulation of railroads and railroad corporations;

(2) Directly attributable to the regulation of street railroads and street railroad corporations; and

(3) Not directly attributable to either of these groups.

2. The division shall allocate to each of these groups of entities the estimated expenses directly attributable to the regulation of that group and an amount equal to such proportion of the estimated expenses not directly attributable to either group as the gross intrastate operating revenues of all entities within that group during the preceding calendar year bears to the total gross intrastate operating revenues of all railroads, railroad corporations, street railroads and street railroad corporations during that year. The division shall then assess the amounts allocated, subject to adjustment as herein provided, to the entities within each group, in proportion to their respective gross intrastate operating revenues during the preceding calendar year, except that:

(1) The total amount assessed to all such entities shall not exceed three percent of the total gross intrastate operating revenues of all railroads, railroad corporations, street railroads and street railroad corporations within this state; and

(2) These assessments shall be adjusted in a manner as to provide that:

(a) The assessment for each railroad corporation or street railroad corporation which has less than fifty route miles of track within this state shall be not less than one hundred dollars nor more than five hundred dollars per year;

(b) The assessment for each railroad corporation or street railroad corporation which has not less than fifty route miles nor more than one hundred route miles of track within the state shall be not less than one thousand dollars per year;

(c) The assessment for each railroad corporation or street railroad corporation which has more than one hundred route miles of track within the state shall be not less than five thousand dollars per year.

3. The division shall send a written statement of this assessment to each railroad corporation and street railroad corporation on or before July first, by first class mail with postage prepaid, and the amount assessed to each entity shall be paid by it to the director of revenue in full on or before July fifteenth next following the date of mailing of the statement; except that any railroad corporation or street railroad corporation may pay its assessment in four equal installments not later than the following dates next following the date of mailing of the statement: July fifteenth, October fifteenth, January fifteenth and April fifteenth. The director of revenue shall remit such payments to the state treasurer.

4. The state treasurer shall credit such payments to the railroad expense fund established pursuant to section 622.015, which fund shall be devoted solely to the payment of expenditures actually incurred by the division and attributable to its regulation of railroads, railroad corporations, street railroads and street railroad corporations. Any amount remaining in such special fund at the end of any fiscal year shall not revert to the general revenue fund, but shall be applicable by appropriation of the general assembly to the payment of these expenditures of the division in the succeeding fiscal year and shall be applied by the division to the reduction of the amount to be assessed to such entities in such succeeding fiscal year. A reduction shall be allocated to each of these groups of entities in proportion to the respective gross intrastate operating revenues of the respective groups during the preceding calendar year.

5. In order to enable the division to make the allocations and assessments provided for in this section, each railroad, railroad corporation, street railroad and street railroad corporation which owns or operates any track within this state shall file with the division, within ten days after this section becomes effective and thereafter on or before March thirty-first of each year, a statement under oath showing its gross intrastate operating revenues for the preceding calendar year, and if any of these entities shall fail to file such statement within the time prescribed in this section, the division shall estimate such revenues, which estimate shall be binding on such entity for the purposes of this section.

6. Nothing in this section shall be construed to apply to motor carriers under chapter 390, RSMo, and the expenses of the division attributable to the regulation and oversight of motor carriers shall not be included in the expenses of the division for the purposes of this section.

622.310. 1. All formal proceedings of the division and all documents and records filed in the official records of those proceedings shall be public records.

2. The division shall conduct a hearing and take testimony relative to any pending legislation with respect to any person, corporation or matter within the jurisdiction of the division, if requested to do so by the general assembly or by either house thereof or by the governor, and shall report its conclusions to the general assembly, or to the governor if the request was made by the governor. The division may also recommend the enactment of such legislation with respect to any matter within its jurisdiction as it deems wise or necessary in the public interest.

622.320. 1. Complaint may be made by the division of its own motion, or by any corporation or person, chamber of commerce, board of trade, or any civic, commercial, mercantile, traffic, agricultural or manufacturing association or organization, or any body politic or municipal corporation, by petition or complaint in writing, setting forth any act or thing done or omitted to be done by any carrier, corporation or person, including any rule, regulation or charge established or fixed by or for any carrier, corporation or person in violation, or claimed to be in violation, of any provision of law, or of any rule or order or decision of the division.

2. All matters upon which complaint may be founded may be joined in one hearing, and no motion shall be entertained against a complaint for misjoinder of causes of action or grievances or misjoinder or nonjoinder of parties, and in any review by the courts of orders or decisions of the division the same rule shall apply with regard to the joinder of causes and parties as provided in this section.

3. The division shall not be required to dismiss any complaint because of the absence of direct damage to the complainant. Upon the filing of a complaint, the division shall cause a copy thereof to be served upon the carrier, corporation or person which is the subject of the complaint.

4. Service in all hearings, investigations and proceedings pending before the division may be made upon any person upon whom summons may be served in accordance with the provisions of the code of civil procedure of this state, and may be made personally or by mailing in a sealed envelope with postage prepaid, except that the division or any of its employees in their official capacity may serve process and other notices in all cases before the division or in which the division staff is a party.

5. The division shall fix the time when and the place where a hearing will be had upon the complaint and shall serve notice thereof, not less than ten days before the time set for such hearing, unless the division shall find that the public necessity requires that such hearing be held at an earlier date.

622.330. Any carrier, corporation or person may complain on any of the grounds upon which complaints are allowed to be filed by other parties, and the same procedure shall be adopted and followed as in other cases, except that the complaint may be served upon any parties designated by the division.

622.340. 1. At the time fixed for any hearing before the division or an administrative law judge, or the time to which the same may have been continued, the complainant and the carrier, corporation or person which is the subject of the complaint, and such carriers, corporations and persons as the division may allow to intervene, shall be entitled to be heard and to introduce evidence. The division shall issue process to enforce the attendance of all necessary witnesses.

2. Whenever an investigation shall be made by the division, it shall be its duty, to make a report in writing in respect thereto, which shall state the conclusions of the division, together with its decision, order or requirement in the premises. The division or any administrative law judge or any party may, in any investigation or hearing before the division, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the circuit courts of this state and to that end may compel the attendance of witnesses and the production of books, waybills, documents, papers, memoranda and accounts. Witnesses whose depositions are taken as provided in this section and the officer taking the same shall severally be entitled to the same fees as are paid for like services in the circuit courts of this state.

3. If an order cannot, in the judgment of the division, be complied with within thirty days, the division may grant and prescribe such additional time as in its judgment is reasonably necessary to comply with the order, and may, on application and for good cause shown, extend the time for compliance fixed in its order.

4. A full and complete record shall be made of all proceedings before the division or any administrative law judge on any formal hearing had, and all testimony shall be taken down by a reporter appointed by the division, and the parties shall be entitled to be heard in person or by attorney. Preparation of a printed transcript may be waived by unanimous consent of all the parties.

622.350. In all trials, actions, suits and proceedings arising under the provisions of this chapter or growing out of the exercise of the authority and powers granted in this chapter to the division, the burden of proof shall be upon the party adverse to the division or seeking to set aside any determination, requirement, direction or order of the division, to show by clear and satisfactory evidence that the determination, requirement, direction or order of the division complained of is unreasonable or unlawful as the case may be.

622.360. 1. All subpoenas shall be signed and issued by an administrative law judge or by the director of the division, and shall extend to all parts of the state, and may be served by any person authorized to serve process of courts of record or by any person of full age designated for that purpose by the division or by an administrative law judge. The person executing any such process shall receive the fees now prescribed by law for similar services in civil cases in the circuit courts in this state, and shall be paid in the same manner as provided herein for the payment of the fees of the witnesses. Each witness who shall appear before the division or an administrative law judge by order of the division or an administrative law judge shall receive for attendance the fees and mileage now provided for witnesses in civil cases in the circuit courts of this state, which shall be audited and paid by the state in the same manner as other expenses of the division are audited and paid, upon the presentation of proper vouchers sworn to by such witnesses and approved by the division.

2. Whenever a subpoena is issued at the instance of a complainant, respondent, or other party to any proceeding before the division, the cost of service thereof and the fee of the witness shall be borne by the party at whose instance the witness is summoned. Any witness subpoenaed except one whose fees and mileage may be paid from the funds of the division may, at the time of service, demand the fee to which the witness is entitled for travel to and from the place at which the witness is required to appear, and one day's attendance. If such witness demands such fees at the time of service, and they are not at that time paid or tendered, the witness shall not be required to attend before the division or an administrative law judge, as directed in the subpoena. No witness furnished with free transportation shall receive mileage for the distance such witness may have traveled on such free transportation.

3. It shall be the duty of every public officer, without exacting or receiving charge or fee of any kind, to furnish to the division, upon application, a certified copy of any document or part thereof, on file in the office of such officer, and no public officer shall be entitled to receive from the division or the public counsel any fee for entering, filing, docketing or recording any document required or authorized by law to be filed with the office of such officer.

622.370. At the request of the division's general counsel and upon good cause shown by the counsel the division shall require or on its own initiative the division may require, by order served upon any corporation or person in the manner provided for the service of orders, the production within this state at such time and place as it may designate, of any books, accounts, papers or records kept by said corporation or person in any office or place within or without this state, or, at its option, verified copies in lieu thereof, so that an examination thereof may be made by the general counsel when the order is issued at the counsel's request or by the division or under its direction.

622.380. If a person subpoenaed to appear before the division or an administrative law judge fails to obey the command of such subpoena, without reasonable cause, or if a person in attendance upon the division or an administrative law judge shall, without a reasonable cause, refuse to be sworn or to be examined, or answer a question, or to produce a book or paper when ordered to do so by the division or an administrative law judge, or to subscribe or swear to the person's deposition after it has been correctly produced in writing, such person shall be deemed guilty of a misdemeanor, and be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the county jail not to exceed one year, or by both such fine and imprisonment, and may be prosecuted therefor in any court of competent jurisdiction; and in case of a continuing violation each day's continuance thereof shall be and be deemed to be a separate and distinct offense.

622.390. No person shall be excused from testifying or from producing any books or papers in any investigation or inquiry by or upon any hearing before the division or any administrative law judge, when ordered to do so by the division, upon the grounds that the testimony or evidence, books or documents required of the person may tend to incriminate such person or subject such person to penalty or forfeiture, but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which the person shall have been examined while under oath, and shall under oath have testified or produced documentary evidence, except that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by the person in the person's testimony. Nothing contained in this section is intended to give, or shall be construed as in any manner giving unto any corporation immunity of any kind.

622.400. No information furnished to the division or the division staff by a carrier, corporation or person, except such matters as are specifically required to be open to public inspection by the provisions of this chapter, shall be open to public inspection or made public except on order of the division 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 shall be guilty of a misdemeanor.

622.410. 1. Every order of the division shall be served upon every person or corporation to be affected thereby, either by personal delivery of a certified copy thereof, or by mailing a certified copy thereof, in a sealed package with postage prepaid, to the person to be affected thereby, or, in the case of a corporation, to any officer or agent thereof upon whom a summons may be served in accordance with the provisions of the code of civil procedure.

2. It shall be the duty of every person and corporation to immediately notify the division, in writing, of the receipt of the certified copy of every order so served, and in the case of a corporation such notification must be signed and acknowledged by a person or officer duly authorized by the corporation to admit such service. Within a time specified in the order of the division every person and corporation upon whom it is served must if so required in the order notify the division in like manner whether the terms of the order are accepted and will be obeyed.

3. Every order or decision of the division shall of its own force take effect and become operative thirty days after the service thereof, except as otherwise provided, and shall continue in force either for a period which may be designated therein or until changed or abrogated by the division, unless such order be unauthorized by this law or any other law or be in violation of a provision of the constitution of the state or of the United States.

622.420. 1. After an order or decision has been made by the division, any carrier, corporation or person interested therein may apply for a rehearing in respect to any matter determined therein, and the division shall grant and hold such rehearing, if in its judgment sufficient reason therefor be made to appear. If a rehearing shall be granted the same shall be determined by the division within thirty days after the same shall be finally submitted.

2. No cause or action arising out of any order or decision of the division shall accrue in any court to any carrier, corporation or person unless that party shall have made, before the effective date of such order or decision, application to the division for a rehearing. Such application shall set forth specifically the ground or grounds on which the applicant considers said order or decision to be unlawful, unjust or unreasonable. The applicant shall not in any court urge or rely on any ground not so set forth in its application for rehearing.

3. An application for a rehearing shall not excuse any carrier, corporation or person from complying with or obeying any order or decision or any requirement of an order or decision of the division, or operate in any manner to stay or postpone the enforcement thereof except as the division may by order direct.

4. If, after a rehearing and a consideration of the facts, including those arising since the making of the order or decision, the division shall be of the opinion that the original order or decision or any part thereof is in any respect unjust or unwarranted, or should be changed, the division may abrogate, change or modify the same. An order made after any such rehearing, abrogating, changing or modifying the original order or decision shall have the same force and effect as an original order or decision but shall not affect any right or the enforcement of any right arising from or by virtue of the original order or decision.

622.430. Within thirty days after the application for a rehearing is denied, or, if the application is granted, then within thirty days after the rendition of the decision on rehearing, the applicant may apply to the circuit court of the county where the hearing was held or in which the division has its principal office for a writ of certiorari or review for the purpose of having the reasonableness or lawfulness of the original order or decision or the order or decision on rehearing inquired into or determined. The writ shall be made returnable not later than thirty days after the date of the issuance thereof, and shall direct the applicant to certify the division's record in the case to the court in conformity with any applicable court rules. On the return day the cause shall be heard by the circuit court, unless for a good cause shown the same be continued. No new or additional evidence may be introduced upon the hearing in the circuit court but the cause shall be heard by the court without the intervention of a jury on the evidence and exhibits introduced before the division and certified to by it. The division and each party to the action or proceeding before the division shall have the right to appear in the review proceedings. Upon the hearing the circuit court shall enter judgment either affirming or setting aside the order of the division under review. In case the order is reversed by reason of the division failing to receive testimony properly proffered, the court shall remand the cause to the division, with instructions to receive the testimony so proffered and rejected, and enter a new order based upon the evidence already taken, and such as it is directed to receive. The court may, in its discretion, remand any cause which is reversed by it to the division for further action. No court in this state, except the circuit courts to the extent herein specified and the supreme court or the court of appeals on appeal, shall have jurisdiction to review, reverse, correct or annul any order or decision of the division or to suspend or delay the executing or operation thereof, or to enjoin, restrain or interfere with the division in the performance of its official duties. The circuit courts of this state shall always be deemed open for the trial of suits brought to review the orders and decisions of the division as provided by law and the same shall be tried and determined as suits in equity.

622.440. 1. The pendency of a writ of review shall not of itself stay or suspend the operation of the order or decision of the division, but during the pendency of such writ, the circuit court in its discretion may stay or suspend, in whole or in part, the operation of the division's order or decision. No order so staying or suspending an order or decision of the division shall be made by any circuit court otherwise than on three days' notice and after hearing, and if the order or decision of the division is suspended the same shall contain a specific finding based upon evidence submitted to the court and identified by reference thereto, that great or irreparable damage would otherwise result to the petitioner and specifying the nature of the damage. In case the order or decision of the division is stayed or suspended, the order or judgment of the court shall not become effective until a suspending bond shall first have been executed and filed with, and approved by, the circuit court, payable to the state of Missouri, and sufficient in amount and security to secure the prompt payment, by the party petitioning for the review, of all damages caused by the delay in the enforcement of the order or decision of the division, and in cases involving rates for the transportation of passengers or household goods by motor vehicle, the prompt payment of all moneys which any person or corporation may be compelled to pay, pending the review proceedings, for transportation, transmission, product, commodity or service in excess of the charges fixed by the order or decision of the division, in case such order or decision is sustained.

2. The circuit court, in case it stays or suspends the order or decision of the division in any manner affecting rates, fares, tolls, rentals, charges or classifications, shall also by order direct the carrier, corporation or person affected to pay into court, from time to time, there to be impounded until the final decision of the case, or into some bank or trust company paying interest on deposits, under such conditions as the court may prescribe, all sums of money which it may collect from any carrier, corporation or person in excess of the sum such carrier, corporation or person would have been compelled to pay if the order or decision of the division had not been stayed or suspended.

3. In case any circuit court stays or suspends any order or decision of the division lowering any rate, fare, toll, rental, charge or classification, in cases involving rates for the transportation of passengers or household goods by motor vehicle, upon the execution and approval of such suspending bond, shall forthwith require the corporation or person affected, under penalty of the immediate enforcement of the order or decision of the division, pending the review and notwithstanding the suspending order, to keep such accounts, verified by oath, as may, in the judgment of the court, suffice to show the amounts being charged or received by such carrier, corporation or person, pending the review, in excess of the charges allowed by the order or decision of the division, together with the names and addresses of the carriers, corporations and persons to whom overcharges will be refundable in case the charges made by the carrier, corporation or person, pending the review, be not sustained by the circuit court, except that street railroad corporations shall not be required to keep a record of the names and addresses of such persons paying such overcharge of fares, but such street railroad corporations shall give to such persons printed receipts showing such overcharges of fares, the form of such printed receipts to be approved by the division.

4. The court may, from time to time, require a party petitioning for a review to give additional security on, or to increase, the suspending bond, whenever in the opinion of the court the same may be necessary to secure the prompt payment of damages or overcharges.

5. Upon the decision of the circuit court, all moneys which the carrier, corporation or person may have collected pending the appeal, in excess of those authorized by such decision, together with interest, in case the court ordered the deposit of such moneys in a bank or trust company, shall be promptly paid to the carriers, corporations or persons entitled thereto, in such manner and through such methods of distribution as may be prescribed by the court, unless an appeal be granted such carrier, corporation or person, as provided in this section.

622.450. 1. The division and any party who has participated in the division proceeding which produced the order or decision may, after the entry of judgment in the circuit court in any action in review, prosecute an appeal to a court having appellate jurisdiction in this state. Such appeal shall be prosecuted as appeals from judgment of the circuit court in civil cases except as otherwise provided in this chapter. The original transcript of the record and testimony and exhibits, certified to by the division and filed in the circuit court in any action to review an order or decision of the division, together with a transcript of the proceedings in the circuit court, shall constitute the record on appeal to the supreme court or any court of appeals.

2. Where an appeal is taken to the supreme court or the court of appeals, the cause shall, on the return of the papers to the supreme court or court of appeals, be immediately placed on the docket of the then pending term by the clerk of the court and shall be assigned and brought to a hearing in the same manner as other causes on the then pending term docket, but shall have precedence over all civil causes of a different nature pending in the court.

3. The circuit court may in its discretion suspend its judgment pending the hearing in the supreme court or court of appeals on appeal, upon the filing of a bond by the carrier, corporation or person with good and sufficient security conditioned as provided for bonds upon actions for review and by further complying with all terms and conditions of this law for the suspension of any order or decision of the division pending the hearing or review in the circuit court.

4. The general laws relating to appeals to the supreme court and the court of appeals in this state shall, so far as applicable and not in conflict with the provisions of this chapter, apply to appeals taken under the provisions of this chapter.

622.460. 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 determination made by the division in all subsequent actions or proceedings to enforce the decision of the division, whether by penalty, forfeiture, mandamus, injunctive relief or otherwise.

622.470. Any person who shall willfully make any false entry in the accounts, books of account, records or memoranda kept by any carrier, corporation or person governed by the provisions of this chapter, or who shall willfully destroy, mutilate, alter or by any other means or device falsify the record of any such account, book of accounts, record or memoranda, or who shall willfully neglect or fail to make full, true and correct entries of such account, book of accounts, record or memoranda of all facts and transactions appertaining to the business of such carriers, corporations or persons, or who shall falsely make any statement required to be made to the division, for which a penalty has not been provided, shall be deemed guilty of a felony, and upon conviction shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars, or by imprisonment for not less than two years nor more than five years, or by both such fine and imprisonment, except that the division may, in its discretion, issue orders specifying such operating, accounting or financial papers, records, books, blanks, tickets, stubs or documents, of carriers which may after a reasonable time be destroyed, and prescribing the length of time such books, papers or documents shall be preserved.

622.480. 1. Any carrier, corporation or person which violates or fails to comply with any provision of the constitution of this state or of this or any other law, or which fails, omits or neglects to obey, observe or comply with any order, decision, decree, rule, direction, demand or requirement, or any part or provision thereof, of the division in a case in which a penalty has not been provided for such carrier, corporation or person, is subject to a penalty of not less than one hundred dollars nor more than two thousand dollars for each offense.

2. Every violation of the provisions of this or any other law or of any order, decision, decree, rule, direction, demand or requirement of the division, or any part or portion thereof, by any carrier, corporation or person is a separate and distinct offense, and in case of a continuing violation each day's continuance thereof shall be and be deemed to be a separate and distinct offense.

3. In construing and enforcing the provisions of this chapter relating to penalties, the act, omission or failure of any officer, agent or employee of any carrier, corporation or person, acting within the scope of official duties of employment, shall in every case be and be deemed to be the act, omission or failure of such carrier, corporation or person.

622.490. Every officer, agent or employee of any carrier, corporation or person who violates or fails to comply with, or who procures, aids or abets any violation by any carrier, corporation or person of any provision of the constitution of this state or of this or any other law, or who fails to obey, observe or comply with any order, decision, decree, rule, direction, demand or requirement, or any part or provision thereof, of the division, or who procures, aids or abets any carrier, corporation or person in their or its failure to obey, observe and comply with any such order, decision, decree, rule, direction, demand or requirement, or any part or provision thereof, in a case in which a penalty has not been provided for such officer, agent or employee, is guilty of a misdemeanor and is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment.

622.500. All penalties accruing under this chapter shall be cumulative of each other, and the suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any original prosecution against any carrier, corporation or person, or any officer, director, agent or employee thereof.

622.510. An action to recover a penalty or a forfeiture under this chapter or to enforce the powers of the division under this or any other law may be brought in any circuit court in this state in the name of the state of Missouri and shall be commenced and prosecuted to final judgment by the general counsel to the division. No filing or docket fee shall be required of the general counsel. In any such action all penalties and forfeitures incurred up to the time of commencing the same may be sued for and recovered therein, and the commencement of an action to recover a penalty or forfeiture shall not be, or be held to be, a waiver of the right to recover any other penalty or forfeiture; if the defendant in such action shall prove that during any portion of the time for which it is sought to recover penalties or forfeitures for a violation of an order or decision of the division the defendant was actually and in good faith prosecuting a suit to review such order or decision in the manner as provided in this chapter, the court shall remit the penalties or forfeitures incurred during the pendency of such proceeding. All moneys recovered as a penalty or forfeiture shall be paid to the public school fund of the state. Any such action may be compromised or discontinued on application of the division upon such terms as the court shall approve and order.

622.520. A substantial compliance with the requirements of this chapter shall be sufficient to give effect to all the rules, orders, acts and regulations of the division, and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto. The provisions of this chapter shall be liberally construed with a view to the public welfare, efficient transportation services and substantial justice between patrons and carriers.

622.530. In case a common carrier shall do, cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done by this chapter or by any order or decision of the division, such common carrier shall be liable to the persons or corporations affected thereby for all loss, damage or injury caused thereby or resulting therefrom, and in case of recovery, if the court shall find that such act or omission was willful, it may in its discretion fix a reasonable counsel or attorney's fee, which fee shall be taxed and collected as part of the costs in the case. An action to recover for such loss, damage or injury may be brought in any court of competent jurisdiction by any such person or corporation.

622.540. That no contract, receipt, rule, notice or regulation shall exempt any railway company, or corporation, express company or corporation or any other company, corporation or common carrier, engaged in the transportation of persons or property, from the liability of a common carrier, or carrier of passengers, which would exist had no contract, receipt, rule, notice or regulation been made or entered into.

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, after June 30, 1997, is known as the division of motor carrier and railroad safety;

(2) "Household goods", personal effects and property used or to be used in a dwelling when part of the equipment or supplies of such dwelling and similar property, if the transportation of such effects or property, is either arranged and paid for by the householder, including transportation of property from a factory or store when the property is purchased by the householder with intent to use in his or her dwelling, or arranged and paid for by another party. The term "household goods" shall not include personal property which when tendered to a motor carrier is crated or otherwise packaged to make it suitable for transportation by motor carriers of general commodities, freight or property;

(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 qualifies 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 entitled pursuant to subdivision (3) of this subsection 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 only 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. Nothing in this section shall be construed to conflict with chapter 260, RSMo, or of relieving an applicant of any duty to obtain a license pursuant to chapter 260, RSMo.

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 license fee 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 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, not more than twenty days after a request for hearing by the applicant, to determine the merits of the application and whether a property carrier registration shall be issued. The administrative law judge shall determine the application not more than forty-five days after the close of the hearing, or else the application shall be approved.

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 or proceedings to enforce division orders or decisions, whether by penalty, forfeiture, mandamus, injunctive relief or otherwise.

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 August 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.

Section 12. Subject to any exceptions which are applicable under section 307.400, RSMo, or subsection 6 of section 390.063, RSMo, the officers and commercial motor vehicle inspectors of the state highway patrol, the enforcement personnel of the division of motor carrier and railroad safety, and other authorized peace officers of this state and any civil subdivision of this state, may enforce any of the provisions of Parts 350 through 399 of Title 49, Code of Federal Regulations, as those regulations have been and may periodically be amended, as they apply to motor vehicles and drivers operating in interstate or intrastate commerce within this state; except that the enforcement personnel of the division of motor carrier and railroad safety shall be authorized to enforce those regulations only within the terminals of motor carriers and private carriers by motor vehicle.

Section 13. 1. Any person who commits the following acts shall be deemed guilty of a "trespass to railroad property":

(1) Throwing an object at a railroad train or rail-mounted work equipment; or

(2) Maliciously or wantonly causing in any manner the derailment of a railroad train, railroad car or rail-mounted work equipment.

2. Any person committing a trespass to railroad property pursuant to this section shall be deemed guilty of a class A misdemeanor.

3. Notwithstanding subsection 2 of this section, any person committing a trespass to railroad property pursuant to this section resulting in the damage or destruction of railroad property in an amount exceeding one thousand five hundred dollars or resulting in the injury or death of any person shall be deemed guilty of a class D felony.

4. Notwithstanding subsection 2 of this section, any person committing a trespass to railroad property pursuant to this section who discharges a firearm or a weapon at a railroad train or rail-mounted work equipment shall be deemed guilty of a class D felony.

5. Nothing in this section shall be construed to interfere with either the lawful use of a public or private railroad crossing, or as limiting a representative of a labor organization which represents or is seeking to represent the employees of the railroad, from conducting such business as provided by the Railway Labor Act.

6. As used in this section, "railroad property" includes, but is not limited to, any train, locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock, work equipment, safety device, switch, electronic signal, microwave communication equipment, connection, railroad track, rail, bridge, trestle, right-of-way or any other property owned, leased, operated or possessed by a railroad.

Section 14. 1. For the purposes of assisting in the planning, acquisition, development and construction of transportation facilities other than highways in this state, there is hereby created in the state treasury a fund known as the "State Transportation Assistance Revolving Fund". The fund shall receive all moneys which may be appropriated or otherwise credited to it by the general assembly and shall also receive any gifts, contributions, grants or bequests received from federal, private or other sources.

2. The state transportation assistance revolving fund shall be administered by the state highways and transportation commission which shall have the power to loan moneys in the fund to any political subdivision of the state or to any public or private not for profit organization or entity for:

(1) the planning, acquisition, development and construction of facilities for transportation by air, water, rail or mass transit;

(2) the purchase of vehicles for the transportation of elderly or handicapped persons; or

(3) the purchase of rolling stock for transit purposes.

No funds provided by this section shall be used for the payment of the operating expenses of such transportation facilities or for the construction or maintenance of state highways.

3. The state highways and transportation commission, by rule, shall established the procedures, conditions and repayment terms applicable to any loans or grants made under this section. An application fee or other charges may be assessed by the commission. Loans made under this section may be interest bearing or interest free.

4. Loaned funds and the interest, if any, accrued thereon which are repaid to the state highways and transportation commission shall be deposited in the state treasury to the credit of the state transportation assistance revolving fund and may be used by the commission for other eligible projects under this section.

5. Any balance in the state transportation assistance revolving fund remaining at the end of an appropriation period shall not be transferred to the general revenue fund and the provisions of section 33.080, RSMo, shall not apply to the fund. All interest earned upon the balance in the state transportation assistance revolving fund shall be deposited to the credit of the same fund.