UCR agreement--definitions--commission authority--precedence ofagreement--filing of forms and registration fee-enforcementauthority--authorized exemptions.
390.021. 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, RSMo, and in this section, except when thecontext clearly requires otherwise, the following terms shall mean:
(1) "UCR implementing regulations", includes the regulations issuedby the United States Secretary of Transportation under 49 U.S.C.A. Section13908, the rules and regulations issued by the board of directors of theUnified Carrier Registration (UCR) plan under 49 U.S.C.A. Section 14504a,and the administrative rules adopted by the state highways andtransportation commission under this section;
(2) "Unified Carrier Registration Act", or "UCR Act", sections 4301to 4308 of the Unified Carrier Registration Act of 2005, within subtitle Cof title IV of the "Safe, Accountable, Flexible, Efficient TransportationEquity Act: A Legacy For Users" or "SAFETEA-LU", Public Law 109-59 (119Stat. 1761), as those sections have been and periodically may be amended.
3. Except when the context clearly requires otherwise, thedefinitions of words in 49 U.S.C.A. Sections 13102, 13908, and 14504a shallapply 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 UCRAct, the Unified Carrier Registration (UCR) agreement, the UCR implementingregulations, and this section, but notwithstanding any other provisions oflaw to the contrary, the state highways and transportation commission may:
(1) Submit to the proper federal authorities, amend and carry out astate plan to qualify as a base state and to participate in the UCR planand administer the UCR agreement, and take other necessary actions as thedesignated representative of the state of Missouri so that:
(a) Missouri-domiciled entities who must register and pay UCRregistration fees are not required to register and pay those fees in a basestate other than the state of Missouri;
(b) The state of Missouri does not forfeit UCR registration feerevenues; and
(c) The state of Missouri may maintain its eligibility to receive themaximum allowable allocations of revenues derived under the UCR agreement;
(2) Administer the UCR registration of Missouri-domiciled motorcarriers, motor private carriers, brokers, freight forwarders and leasingcompanies, and such persons domiciled in nonparticipating states who havedesignated this state as their base state under the UCR Act;
(3) Receive, collect, process, deposit, transfer, distribute, andrefund UCR registration fees relating to any of the persons and activitiesdescribed in this section. Notwithstanding any provisions of law to thecontrary, these UCR registration fees collected by the commission arehereby designated as "nonstate funds" within the meaning of section 15,article IV, Constitution of Missouri, and the commission shall transmitthese funds to the state department of revenue for deposit to the credit ofthe state highways and transportation department fund. The commissionshall, from time to time, direct the payment of, and the director ofrevenue shall pay, the fees so deposited, in accordance with the provisionsof the UCR Act, the UCR agreement, and the UCR implementing regulations.The director of revenue shall credit all income derived from the investmentof these funds to the state highways and transportation department fund;
(4) Exercise all other powers, duties, and functions the UCR Actrequires of or allows a participating state or base state;
(5) Promulgate administrative rules and issue specific ordersrelating 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,RSMo, that is created under the authority delegated in this section shallbecome effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of thepowers vested with the general assembly pursuant to chapter 536, RSMo, toreview, to delay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2008, shall be invalidand void;
(6) Enter into agreements with any agencies or officers of the UnitedStates, or of any state that participates or intends to enter into the UCRagreement; and
(7) Delegate any or all of the powers, duties, and functions of thecommission under this section to any agent or contractor.
5. After the commission has entered into the UCR plan on behalf ofthis state, the requirements in the UCR agreement shall take precedenceover any conflicting requirements under chapter 622, RSMo, or this chapter.
6. Notwithstanding any other provisions of law to the contrary, everymotor carrier, motor private carrier, broker, freight forwarder, andleasing company that has its principal place of business within this state,and every such person who has designated this state as the person's basestate under the provisions of the UCR Act, shall timely complete and filewith the state highways and transportation commission all the formsrequired by the UCR agreement and the UCR implementing regulations, andshall pay the required UCR registration fees to the commission.
7. All powers of the commission under section 226.008, RSMo, arehereby made applicable to the enforcement of this section with reference toany person subject to any provision of this section. The chief counselshall not be required to exhaust any administrative remedies beforecommencing any enforcement actions under this section. The provisions ofchapter 622, RSMo, shall apply to and govern the practice and proceduresbefore the courts in those actions.
8. Except as required by the UCR Act, the UCR agreement, or the UCRimplementing regulations, the provisions of this section and the rulesadopted by the commission under this section shall not be construed asexempting any motor carrier, or any person controlled by a motor carrier,from any of the requirements of chapter 622, RSMo, or this chapter,relating to the transportation of passengers or property in intrastatecommerce.
9. Notwithstanding any other provision of this section to thecontrary, Missouri elects to not apply the provisions of the UCR Act, theUCR agreement, and the UCR implementing regulations to motor carriers andmotor private carriers that operate solely in intrastate commercetransporting farm or dairy products, including livestock, from a farm, orproperty from farm to farm, or stocker and feeder livestock from farm tofarm, or from market to farm.
UCR agreement--definitions--commission authority--precedence ofagreement--filing of forms and registration fee-enforcementauthority--authorized exemptions.
390.021. 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, RSMo, and in this section, except when thecontext clearly requires otherwise, the following terms shall mean:
(1) "UCR implementing regulations", includes the regulations issuedby the United States Secretary of Transportation under 49 U.S.C.A. Section13908, the rules and regulations issued by the board of directors of theUnified Carrier Registration (UCR) plan under 49 U.S.C.A. Section 14504a,and the administrative rules adopted by the state highways andtransportation commission under this section;
(2) "Unified Carrier Registration Act", or "UCR Act", sections 4301to 4308 of the Unified Carrier Registration Act of 2005, within subtitle Cof title IV of the "Safe, Accountable, Flexible, Efficient TransportationEquity Act: A Legacy For Users" or "SAFETEA-LU", Public Law 109-59 (119Stat. 1761), as those sections have been and periodically may be amended.
3. Except when the context clearly requires otherwise, thedefinitions of words in 49 U.S.C.A. Sections 13102, 13908, and 14504a shallapply 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 UCRAct, the Unified Carrier Registration (UCR) agreement, the UCR implementingregulations, and this section, but notwithstanding any other provisions oflaw to the contrary, the state highways and transportation commission may:
(1) Submit to the proper federal authorities, amend and carry out astate plan to qualify as a base state and to participate in the UCR planand administer the UCR agreement, and take other necessary actions as thedesignated representative of the state of Missouri so that:
(a) Missouri-domiciled entities who must register and pay UCRregistration fees are not required to register and pay those fees in a basestate other than the state of Missouri;
(b) The state of Missouri does not forfeit UCR registration feerevenues; and
(c) The state of Missouri may maintain its eligibility to receive themaximum allowable allocations of revenues derived under the UCR agreement;
(2) Administer the UCR registration of Missouri-domiciled motorcarriers, motor private carriers, brokers, freight forwarders and leasingcompanies, and such persons domiciled in nonparticipating states who havedesignated this state as their base state under the UCR Act;
(3) Receive, collect, process, deposit, transfer, distribute, andrefund UCR registration fees relating to any of the persons and activitiesdescribed in this section. Notwithstanding any provisions of law to thecontrary, these UCR registration fees collected by the commission arehereby designated as "nonstate funds" within the meaning of section 15,article IV, Constitution of Missouri, and the commission shall transmitthese funds to the state department of revenue for deposit to the credit ofthe state highways and transportation department fund. The commissionshall, from time to time, direct the payment of, and the director ofrevenue shall pay, the fees so deposited, in accordance with the provisionsof the UCR Act, the UCR agreement, and the UCR implementing regulations.The director of revenue shall credit all income derived from the investmentof these funds to the state highways and transportation department fund;
(4) Exercise all other powers, duties, and functions the UCR Actrequires of or allows a participating state or base state;
(5) Promulgate administrative rules and issue specific ordersrelating 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,RSMo, that is created under the authority delegated in this section shallbecome effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of thepowers vested with the general assembly pursuant to chapter 536, RSMo, toreview, to delay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2008, shall be invalidand void;
(6) Enter into agreements with any agencies or officers of the UnitedStates, or of any state that participates or intends to enter into the UCRagreement; and
(7) Delegate any or all of the powers, duties, and functions of thecommission under this section to any agent or contractor.
5. After the commission has entered into the UCR plan on behalf ofthis state, the requirements in the UCR agreement shall take precedenceover any conflicting requirements under chapter 622, RSMo, or this chapter.
6. Notwithstanding any other provisions of law to the contrary, everymotor carrier, motor private carrier, broker, freight forwarder, andleasing company that has its principal place of business within this state,and every such person who has designated this state as the person's basestate under the provisions of the UCR Act, shall timely complete and filewith the state highways and transportation commission all the formsrequired by the UCR agreement and the UCR implementing regulations, andshall pay the required UCR registration fees to the commission.
7. All powers of the commission under section 226.008, RSMo, arehereby made applicable to the enforcement of this section with reference toany person subject to any provision of this section. The chief counselshall not be required to exhaust any administrative remedies beforecommencing any enforcement actions under this section. The provisions ofchapter 622, RSMo, shall apply to and govern the practice and proceduresbefore the courts in those actions.
8. Except as required by the UCR Act, the UCR agreement, or the UCRimplementing regulations, the provisions of this section and the rulesadopted by the commission under this section shall not be construed asexempting any motor carrier, or any person controlled by a motor carrier,from any of the requirements of chapter 622, RSMo, or this chapter,relating to the transportation of passengers or property in intrastatecommerce.
9. Notwithstanding any other provision of this section to thecontrary, Missouri elects to not apply the provisions of the UCR Act, theUCR agreement, and the UCR implementing regulations to motor carriers andmotor private carriers that operate solely in intrastate commercetransporting farm or dairy products, including livestock, from a farm, orproperty from farm to farm, or stocker and feeder livestock from farm tofarm, or from market to farm.
UCR agreement--definitions--commission authority--precedence ofagreement--filing of forms and registration fee-enforcementauthority--authorized exemptions.
390.021. 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, RSMo, and in this section, except when thecontext clearly requires otherwise, the following terms shall mean:
(1) "UCR implementing regulations", includes the regulations issuedby the United States Secretary of Transportation under 49 U.S.C.A. Section13908, the rules and regulations issued by the board of directors of theUnified Carrier Registration (UCR) plan under 49 U.S.C.A. Section 14504a,and the administrative rules adopted by the state highways andtransportation commission under this section;
(2) "Unified Carrier Registration Act", or "UCR Act", sections 4301to 4308 of the Unified Carrier Registration Act of 2005, within subtitle Cof title IV of the "Safe, Accountable, Flexible, Efficient TransportationEquity Act: A Legacy For Users" or "SAFETEA-LU", Public Law 109-59 (119Stat. 1761), as those sections have been and periodically may be amended.
3. Except when the context clearly requires otherwise, thedefinitions of words in 49 U.S.C.A. Sections 13102, 13908, and 14504a shallapply 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 UCRAct, the Unified Carrier Registration (UCR) agreement, the UCR implementingregulations, and this section, but notwithstanding any other provisions oflaw to the contrary, the state highways and transportation commission may:
(1) Submit to the proper federal authorities, amend and carry out astate plan to qualify as a base state and to participate in the UCR planand administer the UCR agreement, and take other necessary actions as thedesignated representative of the state of Missouri so that:
(a) Missouri-domiciled entities who must register and pay UCRregistration fees are not required to register and pay those fees in a basestate other than the state of Missouri;
(b) The state of Missouri does not forfeit UCR registration feerevenues; and
(c) The state of Missouri may maintain its eligibility to receive themaximum allowable allocations of revenues derived under the UCR agreement;
(2) Administer the UCR registration of Missouri-domiciled motorcarriers, motor private carriers, brokers, freight forwarders and leasingcompanies, and such persons domiciled in nonparticipating states who havedesignated this state as their base state under the UCR Act;
(3) Receive, collect, process, deposit, transfer, distribute, andrefund UCR registration fees relating to any of the persons and activitiesdescribed in this section. Notwithstanding any provisions of law to thecontrary, these UCR registration fees collected by the commission arehereby designated as "nonstate funds" within the meaning of section 15,article IV, Constitution of Missouri, and the commission shall transmitthese funds to the state department of revenue for deposit to the credit ofthe state highways and transportation department fund. The commissionshall, from time to time, direct the payment of, and the director ofrevenue shall pay, the fees so deposited, in accordance with the provisionsof the UCR Act, the UCR agreement, and the UCR implementing regulations.The director of revenue shall credit all income derived from the investmentof these funds to the state highways and transportation department fund;
(4) Exercise all other powers, duties, and functions the UCR Actrequires of or allows a participating state or base state;
(5) Promulgate administrative rules and issue specific ordersrelating 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,RSMo, that is created under the authority delegated in this section shallbecome effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of thepowers vested with the general assembly pursuant to chapter 536, RSMo, toreview, to delay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2008, shall be invalidand void;
(6) Enter into agreements with any agencies or officers of the UnitedStates, or of any state that participates or intends to enter into the UCRagreement; and
(7) Delegate any or all of the powers, duties, and functions of thecommission under this section to any agent or contractor.
5. After the commission has entered into the UCR plan on behalf ofthis state, the requirements in the UCR agreement shall take precedenceover any conflicting requirements under chapter 622, RSMo, or this chapter.
6. Notwithstanding any other provisions of law to the contrary, everymotor carrier, motor private carrier, broker, freight forwarder, andleasing company that has its principal place of business within this state,and every such person who has designated this state as the person's basestate under the provisions of the UCR Act, shall timely complete and filewith the state highways and transportation commission all the formsrequired by the UCR agreement and the UCR implementing regulations, andshall pay the required UCR registration fees to the commission.
7. All powers of the commission under section 226.008, RSMo, arehereby made applicable to the enforcement of this section with reference toany person subject to any provision of this section. The chief counselshall not be required to exhaust any administrative remedies beforecommencing any enforcement actions under this section. The provisions ofchapter 622, RSMo, shall apply to and govern the practice and proceduresbefore the courts in those actions.
8. Except as required by the UCR Act, the UCR agreement, or the UCRimplementing regulations, the provisions of this section and the rulesadopted by the commission under this section shall not be construed asexempting any motor carrier, or any person controlled by a motor carrier,from any of the requirements of chapter 622, RSMo, or this chapter,relating to the transportation of passengers or property in intrastatecommerce.
9. Notwithstanding any other provision of this section to thecontrary, Missouri elects to not apply the provisions of the UCR Act, theUCR agreement, and the UCR implementing regulations to motor carriers andmotor private carriers that operate solely in intrastate commercetransporting farm or dairy products, including livestock, from a farm, orproperty from farm to farm, or stocker and feeder livestock from farm tofarm, or from market to farm.
