SECOND REGULAR SESSION
HOUSE BILL NO. 1280
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES KINGERY (Sponsor), CRAWFORD, LIPKE, MAY, ENGLER, NIEVES, DETHROW, MAYER, BEAN, MYERS, STEVENSON, WALKER,
SWINGER, AND BISHOP (Co-sponsors).
Read 1st time January 27, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
To repeal sections 301.041, 390.136, 390.340, 622.095, and 622.618, RSMo, and to enact in lieu thereof four new sections relating to registration of commercial motor vehicles, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 301.041, 390.136, 390.340, 622.095, and 622.618, RSMo, are repealed and four new sections enacted in lieu thereof, to be known as sections 301.041, 390.136, 390.340, and 622.095, to read as follows:
301.041. 1. All commercial motor vehicles and trailers registered pursuant to this section or to be operated under reciprocity agreements [as provided for in sections 301.271 to 301.279] shall be registered annually, or in the discretion of the state highways and transportation commission, registered for a one-year period beginning on the first day of a quarter during such year and in such manner as the commission may determine by regulation. The commission may issue prorated registrations pursuant to this section for periods of not greater than or less than one year during the transition to a nonannual year registration. The penalties assessed in subsections 2 and 3 of this section shall apply but shall be assessed as provided in subsection 2 of this section three months prior to the beginning date of the registration and shall be assessed as provided in subsection 3 of this section one month prior to the beginning date of the registration. The commission may issue a prorated, by quarter, partial year registration at any time for additions to a fleet made after an initial registration of such fleet, or such other reasons as approved by the commission or its delegate upon the request of the registrant.
2. An application for renewal registration pursuant to this section shall be made with all required documents on or before October first of each year. Renewal applications received after October first shall be assessed a penalty of one hundred dollars. The [director or his or her] commission's designee may waive the penalty pursuant to this subsection for good cause.
3. Fees for commercial motor vehicles and trailers renewed pursuant to this section shall be paid no later than December first of each year except for payments made on an installment basis as provided in subsection 4 of this section. Renewal application fees not paid by December first shall be assessed a penalty of fifty dollars per vehicle, but in no case shall such penalty exceed one hundred fifty dollars per application. The [director or his or her] commission's designee may, for good cause, waive or reduce any penalties assessed pursuant to this subsection. 4. Any owner of a commercial motor vehicle or trailer operated pursuant to this section or reciprocity agreements [provided in sections 301.271 to 301.279] may elect to pay the Missouri portion of the annual registration fee in two equal installments, except that no such installment shall be less than one hundred dollars. The first installment shall be payable on or before December first, and the second installment shall be payable on or before June first of that registration year. Every owner electing to pay on an installment basis shall file [with the director of the department of revenue,] on or before December first, a surety bond, certificate of deposit or irrevocable letter of credit as defined in section 400.5-103, RSMo, to guarantee the payment of the second installment. The bond or certificate or letter of credit shall be in an amount equal to the payment guaranteed. The commission may require by regulation such installments to be filed at other times of the year if a nonannual registration is issued pursuant to subsection 1 of this section.
5. If a new application for registration of a commercial vehicle or trailer is made other than as specified in subsection 1 of this section, the registration [fee shall be prorated as follows:
(1) For applications made between April first and June thirtieth, the applicant shall pay three-fourths of the annual registration fee;
(2) For applications made between July first and September thirtieth, the applicant shall pay one-half of the annual registration fee; and
(3) For applications made after October first of the current registration year, the applicant shall pay one-fourth of the annual registration fee] shall begin on the first day of the quarter in which the person is applying.
6. Any applicant who fails to timely renew his or her registration with all required documents pursuant to this section or who fails to timely pay any fees and penalties owed pursuant to this section shall not be issued a temporary registration for a motor vehicle or a trailer issued pursuant to this section or under reciprocity agreements [as provided for in sections 301.271 and 301.279]. Nothing in this section shall prohibit the issuance of temporary registration credentials for additions to the registrant's fleet subsequent to renewal.
7. The applicant for registration pursuant to this section shall affix the registration plate issued [by the director] to the front of the vehicle in accordance with the provisions of section 301.130. Any vehicle required to be registered pursuant to this section shall display the plate issued to that vehicle no later than December thirty-first of each year or the last day of the quarter preceding the quarter in which the registration begins. Failure to display the registration [plates] plate required by this section shall constitute a class A misdemeanor.
8. The [director of revenue] commission may prescribe rules and regulations for the effective administration of this section.
9. Any current registration or plate for which all fees have been paid for a commercial trailer previously issued pursuant to reciprocity agreements [provided for in sections 301.271 and 301.277] shall remain valid even if such agreements no longer require apportionment of such trailers under such agreements, and such trailers may continue to be registered pursuant to this section.
10. Notwithstanding any other law to the contrary, the [highway reciprocity] commission shall have the authority pursuant to this chapter to issue permanent and temporary registrations on commercial trailers whether or not the registration is issued pursuant to reciprocity agreements [as provided in sections 301.271 to 301.279]. The provisions of subsection 1 of section 301.190 shall not apply to registrations issued pursuant to this subsection, provided the carrier or person to whom the registration is issued has at least one tractor as defined in section 301.010 registered with the state of Missouri pursuant to this section.
11. Commercial trailer plates issued pursuant to this section shall in all other respects conform to and have the same requirements as those issued pursuant to subsection 3 of section 301.067. Such plates may contain the legend ["HRC TLR"] "COMM TRL" in preference to the words "SHOW-ME STATE".
390.136. 1. No motor carrier, except as provided in section 390.030, shall operate any motor vehicle unless such vehicle shall be accompanied by an annual or seventy-two-hour, regulatory license issued by the [motor carrier and railroad safety division of the department of economic development] state highways and transportation commission; provided that when a motor carrier uses a truck-tractor for pulling trailers or semitrailers, such motor carrier may elect to license either the truck-tractor, trailer or semitrailer. The fee for each such [annual] regulatory license shall be ten dollars per year and shall be due and payable [on or before the last day of February of each calendar year] as provided in this section. Such [annual] license shall be issued [after October first of each year] in such form, prorated by quarter if applicable, and shall be used pursuant to such reasonable rules and regulations as [the division of motor carrier and railroad safety may, by general order or otherwise, prescribe] may be prescribed.
2. Any [annual] regulatory license issued to a motor carrier for use in driveaway operations, as defined in this section, shall be issued to such motor carrier without reference to any particular vehicle and may be used interchangeably by the holder thereof on any motor vehicle or combinations thereof moving in driveaway operations under such carrier's property carrier registration, certificate, or permit.
3. In case of emergency, temporary, unusual or a peak demand for transportation, additional vehicles as described in subsection 1 of this section may be operated upon issuance [by the division] of a seventy-two-hour license for each vehicle so operated. The license fee for each such additional vehicle shall be the sum of five dollars for each seventy-two consecutive hours, or any portion thereof. Such licenses shall be issued, renewed, and staggered in such form and shall be used pursuant to such reasonable rules and regulations as the [division may, by general order or otherwise,] commission may prescribe. No such additional vehicle which has been licensed pursuant to this subsection shall be operated without being accompanied by such license.
4. The [division, upon] commission shall collect the applicable license fee prior to the issuance of such license or licenses provided for in this section, and shall [notify the director of revenue, who shall] receive the license fee or fees and immediately deposit the same [with the state treasurer in] to the credit of the state [highway] highways and transportation department fund except as otherwise provided in section 622.095, RSMo, or when an agreement has been negotiated with another jurisdiction whereby prepayment is not required. In such cases, section 622.095, RSMo, if applicable, or the [term] terms of the agreement shall prevail.
5. Any person operating as a motor carrier who violates or fails to comply with any of the provisions of this section shall be adjudged guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars.
6. The [provisions of this section shall become effective for the 1989 registration year, and the] regulatory license fee provided in this section may be paid at any state weigh station.
7. Every license issued pursuant to this section shall state its effective date and expiration date. Notwithstanding any provision of law to the contrary, the commission may stagger the issuance of licenses pursuant to this section to begin at quarterly intervals during any calendar year. Not later than the expiration date of the current license, or as otherwise prescribed, each motor carrier shall pay the regulatory license fee for each vehicle that the carrier will operate during the next yearly period. The commission may issue partial or over one-year licenses during the transition from an annual license, to accommodate motor carriers in adding vehicles to their operations during the year, to coordinate the dates for a single carrier's licensing of multiple licenses, or for such other reasons as approved by the commission.
390.340. [Notwithstanding any provisions of section 390.136, to the contrary, beginning with the first calendar year after August 28, 1996,] Except as otherwise provided in section 390.136 or section 622.095, RSMo, the annual licenses required pursuant to section 390.136, 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] state highways and transportation commission may begin issuing the annual licenses on August first of each year for the succeeding calendar year, but this shall not preclude the [division] commission from continuing to issue the current year's licenses as needed for the remainder of the current calendar year.
622.095. 1. In addition to its other powers, the [division of motor carrier and railroad safety] state highways and transportation commission may negotiate and enter into fair and equitable cooperative agreements or contracts with other states, the District of Columbia, territories and possessions of the United States, foreign countries, and any of their officials, agents or instrumentalities, to promote cooperative action and mutual assistance between the participating jurisdictions with regard to the uniform administration and registration, through a single base jurisdiction for each registrant, of [interstate commerce commission] Federal Motor Carrier Safety Administration operating authority and exempt operations by motor vehicles operated in interstate or intrastate commerce. Notwithstanding any other provision of law to the contrary, and in accordance with the provisions of such agreements or contracts between participating jurisdictions, the [division] commission may:
(1) Delegate to other participating jurisdictions the authority and responsibility to collect and pay over [to the division] statutory registration, administration or license fees; to receive, approve and maintain the required proof of public liability insurance coverage; to receive, process, maintain and transmit registration information and documentation; to issue evidence of proper registration in lieu of [interstate] certificates, licenses, or permits [under section 390.071, RSMo; to] which the commission may issue motor vehicle licenses or identifiers in lieu of [annual] regulatory licenses under section 390.136, RSMo; and to suspend or revoke any credential, approval, registration, certificate, permit, license or identifier referred to in this section, as agents on behalf of the [division] commission with regard to motor vehicle operations by persons having a base jurisdiction other than this state;
(2) Assume the authority and responsibility on behalf of other jurisdictions participating in such agreements or contracts to collect and direct the department of revenue to pay over to the appropriate jurisdictions statutory registration, administration or license fees, and to perform all other activities described in subdivision (1) of this subsection, on its own behalf or as an agent on behalf of other participating jurisdictions, with regard to motor vehicle operations in interstate or intrastate commerce by persons having this state as their base jurisdiction;
(3) Establish or modify dates for the payment of fees and the issuance of annual motor vehicle licenses or identifiers in conformity with such agreements or contracts, notwithstanding any provisions of section 390.136, RSMo, to the contrary; and
(4) Modify, cancel or terminate any of the agreements or contracts.
2. Notwithstanding the provisions of section 390.136, RSMo, statutory registration, administration, or license fees collected by the [division] commission on behalf of other jurisdictions under such agreements or contracts are hereby designated as "nonstate funds" within the meaning of section 15, article IV, Constitution of Missouri, and shall be immediately transmitted to the department of revenue of the state for deposit to the credit of a special fund which is hereby created and designated as the "Base State Registration Fund". The [division] commission shall [not less frequently than once each month] direct the payment of, and the director of revenue shall pay, the fees so collected to the appropriate other jurisdictions. All income derived from the investment of the base state registration fund by the director of revenue shall be credited to the [highway] state highways and transportation department fund.
3. "Base jurisdiction", as used in this section, means the jurisdiction participating in such agreements or contracts where the registrant has its principal place of business.
4. Every person who has properly registered his or her intrastate or interstate [commerce commission] operating authority or exempt operations with his or her base jurisdiction and maintains such registration in force in accordance with such agreements or contracts is authorized to operate in [interstate] like commerce within this state any motor vehicle which is accompanied by a valid annual license or identifier issued by his base jurisdiction in accordance with such agreements or contracts, notwithstanding any provision of section 390.071, 390.126 or 390.136, RSMo, or rules of the [division] commission to the contrary.
5. Notwithstanding any provision of law to the contrary, the commission may stagger and prorate the payment and collection of license fees pursuant to this section for the purposes of:
(1) Coordinating the issuance of regulatory license and this section, or both, with the issuance of other motor carrier credentials; and
(2) Complying with any federal law or regulation.
[622.618. Notwithstanding any provisions of section 390.136, RSMo, to the contrary, beginning with the first calendar year after August 28, 1996, 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.]