Section 390.021

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

Chapter 390

Effective - 28 Aug 2008   

  390.021.  UCR agreement — definitions — commission authority — precedence of agreement — filing of forms and registration fee-enforcement authority — authorized exemptions. — 1.  The provisions of this section shall be applicable, notwithstanding any provisions of section 390.030 to the contrary.

  2.  As used in chapter 622 and in this section, except when the context clearly requires otherwise, the following terms shall mean:

  (1)  "UCR implementing regulations", includes the regulations issued by the United States Secretary of Transportation under 49 U.S.C.A. Section 13908, the rules and regulations issued by the board of directors of the Unified Carrier Registration (UCR) plan under 49 U.S.C.A. Section 14504a, and the administrative rules adopted by the state highways and transportation commission under this section;

  (2)  "Unified Carrier Registration Act", or "UCR Act", sections 4301 to 4308 of the Unified Carrier Registration Act of 2005, within subtitle C of title IV of the "Safe, Accountable, Flexible, Efficient Transportation Equity Act:  A Legacy For Users" or "SAFETEA-LU", Public Law 109-59 (119 Stat.  1761), as those sections have been and periodically may be amended.

  3.  Except when the context clearly requires otherwise, the definitions of words in 49 U.S.C.A. Sections 13102, 13908, and 14504a shall apply to and determine the meaning of those words as used in this section.

  4.  In carrying out and being subject to the provisions of the UCR Act, the Unified Carrier Registration (UCR) agreement, the UCR implementing regulations, and this section, but notwithstanding any other provisions of law to the contrary, the state highways and transportation commission may:

  (1)  Submit to the proper federal authorities, amend and carry out a state plan to qualify as a base state and to participate in the UCR plan and administer the UCR agreement, and take other necessary actions as the designated representative of the state of Missouri so that:

  (a)  Missouri-domiciled entities who must register and pay UCR registration fees are not required to register and pay those fees in a base state other than the state of Missouri;

  (b)  The state of Missouri does not forfeit UCR registration fee revenues; and

  (c)  The state of Missouri may maintain its eligibility to receive the maximum allowable allocations of revenues derived under the UCR agreement;

  (2)  Administer the UCR registration of Missouri-domiciled motor carriers, motor private carriers, brokers, freight forwarders and leasing companies, and such persons domiciled in nonparticipating states who have designated this state as their base state under the UCR Act;

  (3)  Receive, collect, process, deposit, transfer, distribute, and refund UCR registration fees relating to any of the persons and activities described in this section.  Notwithstanding any provisions of law to the contrary, these UCR registration fees collected by the commission are hereby designated as "nonstate funds" within the meaning of Section 15, Article IV, Constitution of Missouri, and the commission shall transmit these funds to the state department of revenue for deposit to the credit of the state highways and transportation department fund.  The commission shall, from time to time, direct the payment of, and the director of revenue shall pay, the fees so deposited, in accordance with the provisions of the UCR Act, the UCR agreement, and the UCR implementing regulations.  The director of revenue shall credit all income derived from the investment of these funds to the state highways and transportation department fund;

  (4)  Exercise all other powers, duties, and functions the UCR Act requires of or allows a participating state or base state;

  (5)  Promulgate administrative rules and issue specific orders relating to any of the persons and activities described in this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void;

  (6)  Enter into agreements with any agencies or officers of the United States, or of any state that participates or intends to enter into the UCR agreement; and

  (7)  Delegate any or all of the powers, duties, and functions of the commission under this section to any agent or contractor.

  5.  After the commission has entered into the UCR plan on behalf of this state, the requirements in the UCR agreement shall take precedence over any conflicting requirements under chapter 622 or this chapter.

  6.  Notwithstanding any other provisions of law to the contrary, every motor carrier, motor private carrier, broker, freight forwarder, and leasing company that has its principal place of business within this state, and every such person who has designated this state as the person's base state under the provisions of the UCR Act, shall timely complete and file with the state highways and transportation commission all the forms required by the UCR agreement and the UCR implementing regulations, and shall pay the required UCR registration fees to the commission.

  7.  All powers of the commission under section 226.008 are hereby made applicable to the enforcement of this section with reference to any person subject to any provision of this section.  The chief counsel shall not be required to exhaust any administrative remedies before commencing any enforcement actions under this section.  The provisions of chapter 622 shall apply to and govern the practice and procedures before the courts in those actions.

  8.  Except as required by the UCR Act, the UCR agreement, or the UCR implementing regulations, the provisions of this section and the rules adopted by the commission under this section shall not be construed as exempting any motor carrier, or any person controlled by a motor carrier, from any of the requirements of chapter 622, or this chapter, relating to the transportation of passengers or property in intrastate commerce.

  9.  Notwithstanding any other provision of this section to the contrary, Missouri elects to not apply the provisions of the UCR Act, the UCR agreement, and the UCR implementing regulations to motor carriers and motor private carriers that operate solely in intrastate commerce transporting farm or dairy products, including livestock, from a farm, or property from farm to farm, or stocker and feeder livestock from farm to farm, or from market to farm.

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(L. 2008 H.B. 1422 merged with S.B. 930 & 947)