FIRST REGULAR SESSION

HOUSE BILL NO. 724

92ND GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES CRAWFORD AND SCHLOTTACH (Co-sponsors).

         Read 1^st time April 3, 2003, and copies ordered printed.

STEPHEN S. DAVIS, Chief Clerk

2159L.01I

AN ACT

To repeal sections 32.028, 32.080, 33.571, 67.133, 104.805, 137.095, 142.617, 142.830, 142.869, 142.923, 144.010, 144.020, 144.030, 152.032, 190.105, 190.528, 226.008, 226.135, 260.203, 260.270, 260.278, 260.370, 260.375, 260.380, 260.385, 260.390, 260.395, 260.396, 260.420, 260.425, 287.020, 288.032, 288.035, 301.010, 301.025, 301.030, 301.041, 301.057, 301.059, 301.067, 301.090, 301.121, 301.130, 301.175, 301.265, 301.266, 301.267, 301.271, 301.273, 301.275, 301.277, 301.279, 301.442, 302.756, 303.026, 303.350, 304.011, 304.022, 304.030, 304.180, 304.200, 304.230, 304.240, 304.373, 307.160, 307.350, 307.400, 311.420, 312.180, 324.700, 324.703, 324.706, 324.709, 324.715, 324.718, 324.721, 324.724, 324.727, 324.730, 324.733, 324.736, 324.739, 324.742, 324.745, 386.020, 386.190, 386.220, 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, 388.650, 389.005, 389.300, 389.310, 389.580, 389.610, 389.612, 389.614, 389.615, 389.645, 389.710, 389.780, 389.795, 389.797, 389.895, 389.920, 389.945, 389.991, 389.992, 389.993, 389.994, 389.996, 389.997, 389.998, 389.1005, 389.1010, 390.011, 390.020, 390.030, 390.041, 390.045, 390.051, 390.061, 390.062, 390.063, 390.066, 390.071, 390.081, 390.101, 390.106, 390.111, 390.116, 390.121, 390.126, 390.128, 390.136, 390.138, 390.141, 390.146, 390.150, 390.151, 390.156, 390.161, 390.171, 390.176, 390.201, 390.250, 390.260, 390.270, 390.280, 390.290, 390.300, 390.310, 390.320, 390.330, 390.340, 390.350, 391.070, 393.290, 447.080, 476.385, 488.4014, 490.235, 508.070, 620.010, 621.040, 622.015, 622.020, 622.027, 622.030, 622.035, 622.040, 622.045, 622.050, 622.055, 622.057, 622.090, 622.095, 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, 622.550, 622.555, 622.600, 622.602, 622.604, 622.606, 622.608, 622.610, 622.612, 622.615, 622.617, 622.618, and 622.620, RSMo, and section 324.712 as enacted by conference committee substitute for senate substitute for senate committee substitute for house committee substitute for house bill no. 567, ninety-first general assembly, first regular session, and section 324.712 as enacted by senate committee substitute for senate bill no. 317, ninety-first general assembly, first regular session, and section 622.010 as enacted by house committee substitute for senate bill no. 780, eighty-eighth general assembly, second regular session, and section 622.010 as enacted by house committee substitute for house bill no. 991, eighty-eighth general assembly, second regular session, and to enact in lieu thereof two hundred fifty-two new sections relating to correction of statutory references in compliance with directives of executive order no. 02-03, signed by the governor on February 7, 2002, with penalty provisions and an emergency clause.

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

            Section A. Sections 32.028, 32.080, 33.571, 67.133, 104.805, 137.095, 142.617, 142.830, 142.869, 142.923, 144.010, 144.020, 144.030, 152.032, 190.105, 190.528, 226.008, 226.135, 260.203, 260.270, 260.278, 260.370, 260.375, 260.380, 260.385, 260.390, 260.395, 260.396, 260.420, 260.425, 287.020, 288.032, 288.035, 301.010, 301.025, 301.030, 301.041, 301.057, 301.059, 301.067, 301.090, 301.121, 301.130, 301.175, 301.265, 301.266, 301.267, 301.271, 301.273, 301.275, 301.277, 301.279, 301.442, 302.756, 303.026, 303.350, 304.011, 304.022, 304.030, 304.180, 304.200, 304.230, 304.240, 304.373, 307.160, 307.350, 307.400, 311.420, 312.180, 324.700, 324.703, 324.706, 324.709, 324.715, 324.718, 324.721, 324.724, 324.727, 324.730, 324.733, 324.736, 324.739, 324.742, 324.745, 386.020, 386.190, 386.220, 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, 388.650, 389.005, 389.300, 389.310, 389.580, 389.610, 389.612, 389.614, 389.615, 389.645, 389.710, 389.780, 389.795, 389.797, 389.895, 389.920, 389.945, 389.991, 389.992, 389.993, 389.994, 389.996, 389.997, 389.998, 389.1005, 389.1010, 390.011, 390.020, 390.030, 390.041, 390.045, 390.051, 390.061, 390.062, 390.063, 390.066, 390.071, 390.081, 390.101, 390.106, 390.111, 390.116, 390.121, 390.126, 390.128, 390.136, 390.138, 390.141, 390.146, 390.150, 390.151, 390.156, 390.161, 390.171, 390.176, 390.201, 390.250, 390.260, 390.270, 390.280, 390.290, 390.300, 390.310, 390.320, 390.330, 390.340, 390.350, 391.070, 393.290, 447.080, 476.385, 488.4014, 490.235, 508.070, 620.010, 621.040, 622.015, 622.020, 622.027, 622.030, 622.035, 622.040, 622.045, 622.050, 622.055, 622.057, 622.090, 622.095, 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, 622.550, 622.555, 622.600, 622.602, 622.604, 622.606, 622.608, 622.610, 622.612, 622.615, 622.617, 622.618, and 622.620, RSMo, and section 324.712 as enacted by conference committee substitute for senate substitute for senate committee substitute for house committee substitute for house bill no. 567, ninety-first general assembly, first regular session, and section 324.712 as enacted by senate committee substitute for senate bill no. 317, ninety-first general assembly, first regular session, and section 622.010 as enacted by house committee substitute for senate bill no. 780, eighty-eighth general assembly, second regular session, and section 622.010 as enacted by house committee substitute for house bill no. 991, eighty-eighth general assembly, second regular session, are repealed and two hundred fifty-two new sections enacted in lieu thereof, to be known as sections 32.028, 32.080, 33.571, 67.133, 104.805, 137.095, 142.869, 142.923, 144.010, 144.020, 144.030, 190.105, 190.528, 226.135, 260.203, 260.270, 260.370, 260.375, 260.380, 260.390, 260.396, 260.398, 260.420, 260.425, 287.020, 288.032, 288.035, 301.010, 301.025, 301.030, 301.057, 301.059, 301.067, 301.090, 301.121, 301.130, 301.175, 301.442, 302.756, 302.761, 303.026, 303.350, 304.011, 304.022, 304.030, 304.180, 304.230, 304.240, 304.373, 307.160, 307.350, 307.400, 308.010, 308.020, 308.023, 308.025, 308.030, 308.040, 308.050, 308.070, 308.075, 308.090, 308.097, 308.110, 308.120, 308.125, 308.200, 308.210, 308.220, 308.230, 308.240, 308.250, 308.260, 308.270, 308.280, 308.283, 308.290, 308.305, 308.310, 308.320, 308.330, 308.350, 308.400, 308.405, 308.410, 308.415, 308.420, 308.425, 308.427, 308.430, 308.435, 308.440, 308.445, 308.450, 308.452, 308.453, 308.455, 308.457, 308.458, 308.460, 308.462, 308.465, 308.467, 308.469, 308.470, 308.472, 308.475, 308.477, 308.479, 308.480, 308.483, 308.485, 308.487, 308.489, 308.490, 308.492, 308.495, 308.497, 308.500, 308.505, 308.510, 308.515, 308.520, 308.525, 308.530, 308.535, 308.540, 308.545, 308.550, 308.560, 308.565, 308.570, 308.575, 308.600, 308.605, 308.610, 308.620, 308.630, 308.635, 308.640, 308.645, 308.650, 308.655, 308.660, 308.665, 308.700, 308.800, 308.805, 308.810, 308.815, 308.820, 308.825, 308.830, 308.835, 308.840, 308.845, 308.847, 308.850, 308.855, 308.860, 308.865, 308.870, 308.875, 308.885, 308.895, 308.900, 308.905, 308.910, 308.915, 308.920, 308.925, 308.935, 308.945, 308.950, 308.955, 308.960, 308.965, 308.970, 308.975, 308.980, 308.985, 308.987, 308.990, 308.995, 311.420, 312.180, 386.020, 386.190, 389.005, 389.011, 389.021, 389.035, 389.041, 389.055, 389.065, 389.071, 389.075, 389.081, 389.085, 389.095, 389.101, 389.105, 389.111, 389.115, 389.121, 389.141, 389.145, 389.151, 389.155, 389.161, 389.165, 389.167, 389.171, 389.181, 389.201, 389.211, 389.221, 389.241, 389.251, 389.300, 389.310, 389.580, 389.610, 389.612, 389.614, 389.615, 389.645, 389.710, 389.780, 389.795, 389.797, 389.895, 389.920, 389.945, 389.991, 389.992, 389.993, 389.994, 389.996, 389.997, 389.998, 389.1005, 389.1010, 389.1020, 393.290, 447.080, 476.385, 488.4014, 490.235, 508.070, 620.010, and 621.040, to read as follows:

            32.028. 1. There is hereby created a department of revenue in charge of a director appointed by the governor, by and with the advice and consent of the senate. The department shall collect all taxes and fees payable to the state as provided by law.

            2. The powers, duties and functions of the department of revenue, chapter 32, RSMo, and others, are transferred by type I transfer to the department of revenue. All powers, duties and function of the collector of revenue are transferred to the director of the department by type I transfer and the position of collector of revenue is abolished.

            3. The powers, duties and functions of the state tax commission, chapter 138, RSMo, and others, are transferred by type III transfer to the department of revenue.

            4. All of the powers, duties and functions of the state tax commission relating to administration of the corporation franchise tax chapter 152, RSMo, and others, are transferred by type I transfer to the department of revenue; provided, however, that the provision of section 138.430, RSMo, relating to appeals from decisions of the director of revenue shall apply to these taxes.

            [5. All the powers, duties and functions of the highway reciprocity commission, chapter 301, RSMo, are transferred by type II transfer to the department of revenue.]

            32.080. 1. Notwithstanding other provisions of law, the director of revenue may destroy motor vehicle, driver's license, or tax reports, returns and other related documents at any time if such reports, returns, and other related documents have been photographed, microphotographed, electronically generated, electronically recorded, photostated, reproduced on film or other process capable of producing a clear, accurate and permanent copy of the original. Such film or reproducing material shall be of durable material and the device used to reproduce the records, reports, returns, and other related documents on film or material shall be such as to accurately reproduce and perpetuate the original records, reports, returns and other documents in all details.

            2. The reproductions so made may be used as permanent records of the original. When microfilm or a similar reproduction is used as a permanent record by the director of revenue, one copy shall be stored in a fireproof vault and other copies may be made for use by any person entitled thereto. All reproductions shall retain the same confidentiality as is provided in the law regarding the original record.

            3. Such photostatic copy, photograph, microphotograph, electronically generated, electronically recorded, or other process copy shall be deemed to be an original record for all purposes, and shall be admissible in evidence in all courts or administrative agencies. A transcript, exemplification or certified copy of any motor vehicle, driver's license or tax reports, records, returns and other related documents made from such photostatic copy, photograph, microphotograph, electronically generated, electronically recorded, or other process copy shall[,] for all purposes be deemed to be a transcript, exemplification or certified copy of the original and shall be admissible in evidence in all courts or administrative agencies. No document shall be admissible under this section unless the offeror shall comply with section 490.692, RSMo.

            4. Reproductions made of motor vehicle, driver's license, or tax reports, returns and related documents hereunder shall be preserved for four years and thereafter until the director of revenue orders them to be destroyed.

            5. Notwithstanding other provisions of law, the department of revenue and the state highways and transportation commission may allow the electronic filing, issuance or renewal of any motor vehicle license, driver's license, or tax records, reports, returns and other related documents. All restrictions imposed by law that apply to the disclosure of information by the department of revenue shall also apply to any persons or entities contracting with the director of the department of revenue to provide electronic filing, issuance or renewal services. Notwithstanding other provisions of law, any on-line access or access via other electronic means granted to such persons or entities may be limited to the persons or entities providing such electronic filing, issuance or renewal services.

            6. A transcript, exemplification or certified copy of any electronically filed motor vehicle, driver's license or tax reports, records, returns and other related document upon certification of the director of revenue shall be admissible in evidence in all courts or administrative agencies without further proof. "Records, reports, returns, and other related documents" include, but are not limited to, papers, documents, facsimile information, microphotographic process, electronically generated or electronically recorded information, deposited or filed with the department of revenue.

            7. Notwithstanding other provisions of law, the department of revenue and the state highways and transportation commission may determine alternative methods for the signing, subscribing or verifying of a record, report, return, application, driver's license, or other related document that shall have the same validity and consequences as the actual signing by the person providing the record, report, return, or related document.

            8. The director of revenue may renew motor vehicle registrations by electronic means when the information, fees and documents required by chapters 301, 303 and 307, RSMo, to accompany such application are provided to the director electronically in a format prescribed by the director of revenue.

            9. The director of revenue may prescribe rules and regulations for the effective administration of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated pursuant to the authority delegated in this section shall become effective only if it has been promulgated pursuant to the provisions of chapter 536, RSMo. Nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to July 1, 2000, if it fully complied with the provisions of chapter 536, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, 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 July 1, 2000, shall be invalid and void.

            33.571. The attorney general's court costs fund established by section 27.080, RSMo; the microfilming service revolving fund established by section 28.085, RSMo; the central check mailing service revolving fund established by section 30.245, RSMo; the revenue sharing trust fund established by section 30.900, RSMo; the Missouri veterans home fund and the Missouri state [rehabilitation center] chest hospital fund established by section 31.010, RSMo; the state institutions gift trust fund established by section 33.563; the Missouri state surplus property clearing fund established by section 37.090, RSMo; [the tort defense fund established by section 105.710, RSMo; the grade crossing fund established by section 152.032, RSMo;] the handicapped children's trust fund established by section 162.790, RSMo; the state guaranty student loan fund established by section 173.120, RSMo; the special fund for the vocational rehabilitation of persons established by section 178.630, RSMo; [the library service fund established by section 181.025, RSMo;] the medical services fund established by section 192.255, RSMo; the crippled children's service fund established by section 201.090, RSMo; [the Missouri clean water fund established by section 644.051, RSMo;] the housing development fund established by section 215.050, RSMo; the national historic preservation fund established by section 253.022, RSMo; the [state park board] department of natural resources building fund established by section 253.230, RSMo; [the Missouri federal water projects recreation fund established by section 640.510, RSMo;] the marketing development fund established by section 261.035, RSMo; the state fair [fees] fee fund established by section 262.260, RSMo; the state fair trust fund established by section 262.262, RSMo; [the abandoned fund account established by section 362.395, RSMo;] the public service commission fund established by section 386.370, RSMo; [the escheats fund established by section 470.020, RSMo; the professional liability review board fund established by section 538.055, RSMo;] and the highway patrol academy fund established by section 590.145, RSMo, are abolished. All balances in any of those funds on September 28, 1983, may be, as deemed necessary by the state treasurer and commissioner of administration, transferred to the general revenue fund. Prior to such date, any of the funds listed in this section which may be determined to be required for the continued custody or receipt of money or property under the terms of any testamentary instrument or indenture of trust, or from which repayment of any bonded indebtedness is to be made, shall be certified by the commissioner of administration to the state treasurer and upon such certification, shall be exempted from the provisions of this section. He shall notify the revisor of statutes if such changes are made so that appropriate notations may be made in the revised statutes.

            2. The state treasurer and the commissioner of administration shall establish appropriate accounts within the state treasury and in accordance with the state's accounting methods, and those accounts shall be the successors to the enumerated funds. Any receipt required to be deposited in the treasury to the credit of a particular fund which is abolished shall be deposited in the general revenue fund instead and shall be credited to the successor account. Any disbursement required to be made from a particular fund which is abolished shall be made from the general revenue fund and shall be charged to the successor account, but no disbursement from the general revenue fund shall be approved whenever such disbursement exceeds the balance available in the designated successor account. When enacting appropriations, the general assembly may establish such accounts within the general revenue fund as it deems necessary and appropriate to control expenditures, and any appropriation authorizing an expenditure from the general revenue fund shall specify the appropriate account within the general revenue fund.

            3. The state treasurer, the director of revenue, the commissioner of administration and others are specifically empowered to make necessary changes and adjustments so as to properly reflect state receipts and disbursements which may be received or expended for particular purposes, but it is the intent of the general assembly by this enactment to transfer moneys affected thereby to the general revenue fund for handling and investment. The revisor of statutes shall prepare necessary bills to change the revised statutes so as to reflect this intent.

            67.133. 1. A fee of ten dollars shall be assessed in all cases in which the defendant is convicted of a nonfelony violation of any provision of chapters 252, 301, 302, 304, 306, 307 and [390] 308, RSMo, and any infraction otherwise provided by law, twenty-five dollars in all misdemeanor cases otherwise provided by law, and seventy-five dollars in all felony cases, in criminal cases including violations of any county ordinance or any violation of a criminal or traffic law of the state, except that no such fees shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality. All fees collected under the provisions of this section shall be collected and disbursed in the manner provided by sections 488.010 to 488.020, RSMo, and payable to the county treasurer who shall deposit those funds in the county treasury.

            2. Counties shall be entitled to a judgment in the amount of twenty-five percent of all sums collected on recognizances given to the state in criminal cases, which are or may become forfeited, if not more than five hundred dollars, and fifteen percent of all sums over five hundred dollars, to be paid out of the amount collected.

            104.805. 1. Employees who are earning creditable service in the closed plan of the Missouri state employees' retirement system and who are, as a result of the provisions of this section and sections [226.008] 308.010, 389.005, 389.610, and 621.040, RSMo, transferred to the department of transportation will not become members of the closed plan of the highways and transportation employees' and highway patrol retirement system unless they elect to transfer membership and creditable service to the closed plan of the highways and transportation employees' and highway patrol retirement system. The election must be in writing and must be made within ninety days of July 11, 2002. Any election to transfer membership and creditable service to the highways and transportation employees' and highway patrol retirement system shall result in the forfeiture of any rights or benefits in the Missouri state employees' retirement system. Any failure to elect to transfer membership and creditable service pursuant to this subsection will result in the employees remaining in the closed plan of the Missouri state employees' retirement system. If an election is made, the effective date for commencement of membership and transfer of such creditable service shall be January 1, 2003.

            2. Employees who are earning credited service in the year 2000 plan of the Missouri state employees' retirement system and who are, as a result of the provisions of this section and sections [226.008] 308.010, 389.005, 389.610, and 621.040, RSMo, transferred to the department of transportation will remain in the year 2000 plan administered by the Missouri state employees' retirement system unless they elect to transfer membership and credited service to the year 2000 plan administered by the highways and transportation employees' and highway patrol retirement system. The election must be in writing and must be made within ninety days of July 11, 2002. Any election to transfer membership and credited service to the year 2000 plan administered by the highways and transportation employees' and highway patrol retirement system shall result in the forfeiture of any rights or benefits in the Missouri state employees' retirement system. Any failure to elect to transfer membership and credited service pursuant to this subsection will result in the employees remaining in the year 2000 plan administered by the Missouri state employees' retirement system. If an election is made, the effective date for commencement of membership and transfer of such creditable service shall be January 1, 2003.             3. For any employee who elects under subsection 1 or 2 of this section to transfer to the highways and transportation employees' and highway patrol retirement system, the Missouri state employees' retirement system shall pay to the highways and transportation employees' and highway patrol retirement system, by December 31, 2002, an amount actuarially determined to equal the liability transferred from the Missouri state employees' retirement system.

            4. In no event shall any employee receive service credit for the same period of service under more than one retirement system as a result of the provisions of this section.

            5. For any transferred employee who elects under subsection 1 or 2 of this section to transfer to the highways and transportation employee's and highway patrol retirement system, the only medical coverage available for the employee shall be the medical coverage provided in section 104.270. The effective date for commencement of medical coverage shall be January 1, 2003. However, this does not preclude medical coverage for the transferred employee as a dependent under any other health care plan.

            137.095. 1. The real and tangible personal property of all corporations operating in any county in the state of Missouri and in the city of St. Louis, and subject to assessment by county or township assessors, shall be assessed and taxed in the county in which the property is situated on the first day of January of the year for which the taxes are assessed, and every general or business corporation having or owning tangible personal property on the first day of January in each year, which is situated in any other county than the one in which the corporation is located, shall make return to the assessor of the county or township where the property is situated, in the same manner as other tangible personal property is required by law to be returned, except that all motor vehicles which are the property of the corporation and which are subject to regulation under chapter [390] 308, RSMo, shall be assessed for tax purposes in the county in which the motor vehicles are based.

            2. For the purposes of subsection 1 of this section, the term "based" means the place where the vehicle is most frequently dispatched, garaged, serviced, maintained, operated or otherwise controlled, except that leased passenger vehicles shall be assessed at the residence of the driver or, if the residence of the driver is unknown, at the location of the lessee.

            142.869. 1. The tax imposed by this chapter shall not apply to passenger motor vehicles, buses as defined in section 301.010, RSMo, or commercial motor vehicles registered in this state which are powered by alternative fuel, and for which a valid decal has been acquired as provided in this section. The owners or operators of such motor vehicles shall, in lieu of the tax imposed by section 142.803, pay an annual alternative fuel decal fee as follows: seventy-five dollars on each passenger motor vehicle, school bus as defined in section 301.010, RSMo, and commercial motor vehicle with a licensed gross vehicle weight of eighteen thousand pounds or less; one hundred dollars on each motor vehicle with a licensed gross weight in excess of eighteen thousand pounds but not more than thirty-six thousand pounds used for farm or farming transportation operations and registered with a license plate designated with the letter "F"; one hundred fifty dollars on each motor vehicle with a licensed gross vehicle weight in excess of eighteen thousand pounds but less than or equal to thirty-six thousand pounds, and each passenger-carrying motor vehicle subject to the registration fee provided in sections 301.059, 301.061 and 301.063, RSMo; two hundred fifty dollars on each motor vehicle with a licensed gross weight in excess of thirty-six thousand pounds used for farm or farming transportation operations and registered with a license plate designated with the letter "F"; and one thousand dollars on each motor vehicle with a licensed gross vehicle weight in excess of thirty-six thousand pounds.

            2. Except interstate fuel users and vehicles licensed under a reciprocity agreement as defined in section [142.617] 308.660, RSMo, the tax imposed by section 142.803 shall not apply to motor vehicles registered outside this state which are powered by alternative fuel, and for which a valid temporary alternative fuel decal has been acquired as provided in this section. The owners or operators of such motor vehicles shall, in lieu of the tax imposed by section 142.803, pay a temporary alternative fuel decal fee of eight dollars on each such vehicle. Such decals shall be valid for a period of fifteen days from the date of issuance and shall be attached to the lower right-hand corner of the front windshield on the motor vehicle for which it was issued. Such decal and fee shall not be transferable. All proceeds from such decal fees shall be deposited as specified in section 142.345. Alternative fuel dealers selling such decals in accordance with rules and regulations prescribed by the director shall be allowed to retain fifty cents for each decal fee timely remitted to the director.

            3. The director shall annually, on or before January thirty-first of each year, collect or cause to be collected from owners or operators of the motor vehicles specified in subsection 1 of this section the annual decal fee. Applications for such decals shall be supplied by the department of revenue. In the case of a motor vehicle which is not in operation by January thirty-first of any year, a decal may be purchased for a fractional period of such year, and the amount of the decal fee shall be reduced by one-twelfth for each complete month which shall have elapsed since the beginning of such year.

            4. Upon the payment of the fee required by subsection 1 of this section, the director shall issue a decal, which shall be valid for the current calendar year and shall be attached to the lower right-hand corner of the front windshield on the motor vehicle for which it was issued.

            5. The decal fee paid pursuant to subsection 1 of this section for each motor vehicle shall be transferable upon a change of ownership of the motor vehicle and, if the LP gas or natural gas equipment is removed from a motor vehicle upon a change of ownership and is reinstalled in another motor vehicle, upon such reinstallation. Such transfers shall be accomplished in accordance with rules and regulations promulgated by the director.

            6. It shall be unlawful for any person to operate a motor vehicle required to have an alternative fuel decal upon the highways of this state without a valid decal.

            7. No person shall cause to be put, or put, LP gas or natural gas into the fuel supply receptacle of a motor vehicle required to have an alternative fuel decal unless the motor vehicle has a valid decal attached to it. Sales of fuel placed in the supply receptacle of a motor vehicle displaying such decal shall be recorded upon an invoice, which invoice shall include the decal number, the motor vehicle license number and the number of gallons placed in such supply receptacle.

            8. Any person violating any provision of this section is guilty of an infraction and shall, upon conviction thereof, be fined five hundred dollars.

            9. Motor vehicles displaying a valid alternative fuel decal are exempt from the licensing and reporting requirements of this chapter.

            142.923. 1. Except as expressly provided in subsection 2 of this section, no person shall sell, use, deliver, or store in this state, or import for sale, use, delivery or storage in this state, motor fuel as to which the tax imposed by section 142.803 has not been previously paid to or accrued by either a licensed supplier, or permissive supplier, at the time of removal from a terminal, or a licensed distributor provided all the conditions of section 142.929 applicable to lawful import by the distributor shall have been met.

            2. The provisions of subsection 1 of this section shall not apply to:

            (1) A supplier with respect to motor fuel held within the bulk transfer/terminal system in this state which was manufactured in this state or imported into this state in a bulk transfer;

            (2) A consumer with respect to motor fuel placed in the vehicle supply tank of that person outside of this state, except an interstate motor fuel user;

            (3) Diesel fuel dyed in accordance with this chapter;

            (4) Motor fuel in the process of exportation by a supplier or a distributor in accordance with the shipping papers required by section 142.914 and a statement meeting the requirements of section 142.926 is shown on the shipping papers;

            (5) Kerosene used in aircraft subject to the conditions and exceptions in subsection 1 of section 142.815;

            (6) Fuel in possession of a consumer as to which a refund has been issued;

            (7) Government and other exempt fuel under subdivisions (3) and (4) of subsection 2 of section 142.815 and section [142.617] 308.660, RSMo; or

            (8) A distributor who has met the conditions of section 142.926.

            3. A person who violates this section shall be guilty of a class A misdemeanor and shall be subject to impoundment and seizure of the vehicle and its cargo.

            144.010. 1. The following words, terms, and phrases when used in sections 144.010 to 144.525 have the meanings ascribed to them in this section, except when the context indicates a different meaning:

            (1) "Admission" includes seats and tables, reserved or otherwise, and other similar accommodations and charges made therefor and amount paid for admission, exclusive of any admission tax imposed by the federal government or by sections 144.010 to 144.525;

            (2) "Business" includes any activity engaged in by any person, or caused to be engaged in by him, with the object of gain, benefit or advantage, either direct or indirect, and the classification of which business is of such character as to be subject to the terms of sections 144.010 to 144.525. The isolated or occasional sale of tangible personal property, service, substance, or thing, by a person not engaged in such business, does not constitute engaging in business within the meaning of sections 144.010 to 144.525 unless the total amount of the gross receipts from such sales, exclusive of receipts from the sale of tangible personal property by persons which property is sold in the course of the partial or complete liquidation of a household, farm or nonbusiness enterprise, exceeds three thousand dollars in any calendar year. The provisions of this subdivision shall not be construed to make any sale of property which is exempt from sales tax or use tax on June 1, 1977, subject to that tax thereafter;

            (3) "Gross receipts", except as provided in section 144.012, means the total amount of the sale price of the sales at retail including any services other than charges incident to the extension of credit that are a part of such sales made by the businesses herein referred to, capable of being valued in money, whether received in money or otherwise; except that, the term "gross receipts" shall not include the sale price of property returned by customers when the full sale price thereof is refunded either in cash or by credit. In determining any tax due under sections 144.010 to 144.525 on the gross receipts, charges incident to the extension of credit shall be specifically exempted. For the purposes of sections 144.010 to 144.525 the total amount of the sale price above mentioned shall be deemed to be the amount received. It shall also include the lease or rental consideration where the right to continuous possession or use of any article of tangible personal property is granted under a lease or contract and such transfer of possession would be taxable if outright sale were made and, in such cases, the same shall be taxable as if outright sale were made and considered as a sale of such article, and the tax shall be computed and paid by the lessee upon the rentals paid;

            (4) "Livestock", cattle, calves, sheep, swine, ratite birds, including but not limited to, ostrich and emu, aquatic products as defined in section 277.024, RSMo, elk documented as obtained from a legal source and not from the wild, goats, horses, other equine, or rabbits raised in confinement for human consumption;

            (5) "Motor vehicle leasing company" shall be a company obtaining a permit from the director of revenue to operate as a motor vehicle leasing company. Not all persons renting or leasing trailers or motor vehicles need to obtain such a permit; however, no person failing to obtain such a permit may avail [itself] himself or herself of the optional tax provisions of subsection 5 of section 144.070, as hereinafter provided;

            (6) "Person" includes any individual, firm, copartnership, joint [adventure] venture, association, corporation, municipal or private, and whether organized for profit or not, state, county, political subdivision, state department, commission, board, bureau or agency, except the state transportation department, estate, trust, business trust, receiver or trustee appointed by the state or federal court, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular number;

            (7) "Purchaser" means a person who purchases tangible personal property or to whom are rendered services, receipts from which are taxable under sections 144.010 to 144.525;

            (8) "Research or experimentation activities"[,] are the development of an experimental or pilot model, plant process, formula, invention or similar property, and the improvement of existing property of such type. Research or experimentation activities do not include activities such as ordinary testing or inspection of materials or products for quality control, efficiency surveys, advertising promotions or research in connection with literary, historical or similar projects;

            (9) "Sale" or "sales" includes installment and credit sales, and the exchange of properties as well as the sale thereof for money, every closed transaction constituting a sale, and means any transfer, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for valuable consideration and the rendering, furnishing or selling for a valuable consideration any of the substances, things and services herein designated and defined as taxable under the terms of sections 144.010 to 144.525;

            (10) "Sale at retail" means any transfer made by any person engaged in business as defined herein of the ownership of, or title to, tangible personal property to the purchaser, for use or consumption and not for resale in any form as tangible personal property, for a valuable consideration; except that, for the purposes of sections 144.010 to 144.525 and the tax imposed thereby: (i) purchases of tangible personal property made by duly licensed physicians, dentists, optometrists and veterinarians and used in the practice of their professions shall be deemed to be purchases for use or consumption and not for resale; and (ii) the selling of computer printouts, computer output or microfilm or microfiche and computer-assisted photo compositions to a purchaser to enable the purchaser to obtain for his or her own use the desired information contained in such computer printouts, computer output on microfilm or microfiche and computer-assisted photo compositions shall be considered as the sale of a service and not as the sale of tangible personal property. Where necessary to conform to the context of sections 144.010 to 144.525 and the tax imposed thereby, the term "sale at retail" shall be construed to embrace:

            (a) Sales of admission tickets, cash admissions, charges and fees to or in places of amusement, entertainment and recreation, games and athletic events;

            (b) Sales of electricity, electrical current, water and gas, natural or artificial, to domestic, commercial or industrial consumers;

            (c) Sales of local and long distance telecommunications service to telecommunications subscribers and to others through equipment of telecommunications subscribers for the transmission of messages and conversations, and the sale, rental or leasing of all equipment or services pertaining or incidental thereto;

            (d) Sales of service for transmission of messages by telegraph companies;

            (e) Sales or charges for all rooms, meals and drinks furnished at any hotel, motel, tavern, inn, restaurant, eating house, drugstore, dining car, tourist camp, tourist cabin, or other place in which rooms, meals or drinks are regularly served to the public;

            (f) Sales of tickets by every person operating a railroad, sleeping car, dining car, express car, boat, airplane, and such buses and trucks as are licensed by the [division of motor carrier and railroad safety of the department of economic development of Missouri] state highways and transportation commission, engaged in the transportation of persons for hire;

            (11) "Seller" means a person selling or furnishing tangible personal property or rendering services, on the receipts from which a tax is imposed pursuant to section 144.020;

            (12) The noun "tax" means either the tax payable by the purchaser of a commodity or service subject to tax, or the aggregate amount of taxes due from the vendor of such commodities or services during the period for which he or she is required to report his or her collections, as the context may require;

            (13) "Telecommunications service", for the purpose of this chapter, the transmission of information by wire, radio, optical cable, coaxial 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 the following if such services are separately stated on the customer's bill or on records of the seller maintained in the ordinary course of business:

            (a) Access to the Internet, access to interactive computer services or electronic publishing services, except the amount paid for the telecommunications service used to provide such access;

            (b) Answering services and one-way paging services;

            (c) Private mobile radio services which are not two-way commercial mobile radio services such as wireless telephone, personal communications services or enhanced specialized mobile radio services as defined pursuant to federal law; or

            (d) Cable or satellite television or music services; and

            (14) "Product which is intended to be sold ultimately for final use or consumption" means tangible personal property, or any service that is subject to state or local sales or use taxes, or any tax that is substantially equivalent thereto, in this state or any other state.

            2. For purposes of the taxes imposed under sections 144.010 to 144.525, and any other provisions of law pertaining to sales or use taxes which incorporate the provisions of sections 144.010 to 144.525 by reference, the term "manufactured homes" shall have the same meaning given it in section 700.010, RSMo.

            3. Sections 144.010 to 144.525 may be known and quoted as the "Sales Tax Law".

            144.020. 1. A tax is hereby levied and imposed upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable service at retail in this state. The rate of tax shall be as follows:

            (1) Upon every retail sale in this state of tangible personal property, including but not limited to motor vehicles, trailers, motorcycles, mopeds, motortricycles, boats and outboard motors, a tax equivalent to four percent of the purchase price paid or charged, or in case such sale involves the exchange of property, a tax equivalent to four percent of the consideration paid or charged, including the fair market value of the property exchanged at the time and place of the exchange, except as otherwise provided in section 144.025;

            (2) A tax equivalent to four percent of the amount paid for admission and seating accommodations, or fees paid to, or in any place of amusement, entertainment or recreation, games and athletic events;

            (3) A tax equivalent to four percent of the basic rate paid or charged on all sales of electricity or electrical current, water and gas, natural or artificial, to domestic, commercial or industrial consumers;

            (4) A tax equivalent to four percent on the basic rate paid or charged on all sales of local and long distance telecommunications service to telecommunications subscribers and to others through equipment of telecommunications subscribers for the transmission of messages and conversations and upon the sale, rental or leasing of all equipment or services pertaining or incidental thereto; except that, the payment made by telecommunications subscribers or others, pursuant to section 144.060, and any amounts paid for access to the Internet or interactive computer services shall not be considered as amounts paid for telecommunications services;

            (5) A tax equivalent to four percent of the basic rate paid or charged for all sales of services for transmission of messages of telegraph companies;

            (6) A tax equivalent to four percent on the amount of sales or charges for all rooms, meals and drinks furnished at any hotel, motel, tavern, inn, restaurant, eating house, drugstore, dining car, tourist cabin, tourist camp or other place in which rooms, meals or drinks are regularly served to the public;

            (7) A tax equivalent to four percent of the amount paid or charged for intrastate tickets by every person operating a railroad, sleeping car, dining car, express car, boat, airplane and such buses and trucks as are licensed by the [division of motor carrier and railroad safety of the department of economic development of Missouri] state highways and transportation commission, engaged in the transportation of persons for hire;

            (8) A tax equivalent to four percent of the amount paid or charged for rental or lease of tangible personal property, provided that if the lessor or renter of any tangible personal property had previously purchased the property under the conditions of "sale at retail" as defined in subdivision [(8)] (10) of section 144.010 or leased or rented the property and the tax was paid at the time of purchase, lease or rental, the lessor, sublessor, renter or subrenter shall not apply or collect the tax on the subsequent lease, sublease, rental or subrental receipts from that property. The purchase, rental or lease of motor vehicles, trailers, motorcycles, mopeds, motortricycles, boats, and outboard motors shall be taxed and the tax paid as provided in this section and section 144.070. In no event shall the rental or lease of boats and outboard motors be considered a sale, charge, or fee to, for or in places of amusement, entertainment or recreation nor shall any such rental or lease be subject to any tax imposed to, for, or in such places of amusement, entertainment or recreation. Rental and leased boats or outboard motors shall be taxed under the provisions of the sales tax laws as provided under such laws for motor vehicles and trailers. Tangible personal property which is exempt from the sales or use tax under section 144.030 upon a sale thereof is likewise exempt from the sales or use tax upon the lease or rental thereof.

            2. All tickets sold which are sold under the provisions of sections 144.010 to 144.525 which are subject to the sales tax shall have printed, stamped or otherwise endorsed thereon, the words "This ticket is subject to a sales tax.".

            144.030. 1. There is hereby specifically exempted from the provisions of sections 144.010 to 144.525 and from the computation of the tax levied, assessed or payable pursuant to sections 144.010 to 144.525 such retail sales as may be made in commerce between this state and any other state of the United States, or between this state and any foreign country, and any retail sale which the state of Missouri is prohibited from taxing pursuant to the Constitution or laws of the United States of America, and such retail sales of tangible personal property which the general assembly of the state of Missouri is prohibited from taxing or further taxing by the constitution of this state.

            2. There are also specifically exempted from the provisions of the local sales tax law as defined in section 32.085, RSMo, section 238.235, RSMo, and sections 144.010 to 144.525 and 144.600 to [144.745] 144.761 and from the computation of the tax levied, assessed or payable pursuant to the local sales tax law as defined in section 32.085, RSMo, section 238.235, RSMo, and sections 144.010 to 144.525 and 144.600 to [144.745] 144.761:

            (1) Motor fuel or special fuel subject to an excise tax of this state, unless all or part of such excise tax is refunded pursuant to section [142.584] 142.824, RSMo; or upon the sale at retail of fuel to be consumed in manufacturing or creating gas, power, steam, electrical current or in furnishing water to be sold ultimately at retail; or feed for livestock or poultry; or grain to be converted into foodstuffs which are to be sold ultimately in processed form at retail; or seed, limestone or fertilizer which is to be used for seeding, liming or fertilizing crops which when harvested will be sold at retail or will be fed to livestock or poultry to be sold ultimately in processed form at retail; economic poisons registered pursuant to the provisions of the Missouri pesticide registration law (sections [281.220] 281.210 to 281.310, RSMo) which are to be used in connection with the growth or production of crops, fruit trees or orchards applied before, during, or after planting, the crop of which when harvested will be sold at retail or will be converted into foodstuffs which are to be sold ultimately in processed form at retail;

            (2) Materials, manufactured goods, machinery and parts which when used in manufacturing, processing, compounding, mining, producing or fabricating become a component part or ingredient of the new personal property resulting from such manufacturing, processing, compounding, mining, producing or fabricating and which new personal property is intended to be sold ultimately for final use or consumption; and materials, including without limitation, gases and manufactured goods, including without limitation, slagging materials and firebrick, which are ultimately consumed in the manufacturing process by blending, reacting or interacting with or by becoming, in whole or in part, component parts or ingredients of steel products intended to be sold ultimately for final use or consumption;

            (3) Materials, replacement parts and equipment purchased for use directly upon, and for the repair and maintenance or manufacture of, motor vehicles, watercraft, railroad rolling stock or aircraft engaged as common carriers of persons or property;

            (4) Replacement machinery, equipment, and parts and the materials and supplies solely required for the installation or construction of such replacement machinery, equipment, and parts, used directly in manufacturing, mining, fabricating or producing a product which is intended to be sold ultimately for final use or consumption; and machinery and equipment, and the materials and supplies required solely for the operation, installation or construction of such machinery and equipment, purchased and used to establish new, or to replace or expand existing, material recovery processing plants in this state. For the purposes of this subdivision, a "material recovery processing plant" means a facility which converts recovered materials into a new product, or a different form which is used in producing a new product, and shall include a facility or equipment which is used exclusively for the collection of recovered materials for delivery to a material recovery processing plant but shall not include motor vehicles used on highways. For purposes of this section, the terms "motor vehicle" and "highway" shall have the same meaning pursuant to section 301.010, RSMo;

            (5) Machinery and equipment, and parts and the materials and supplies solely required for the installation or construction of such machinery and equipment, purchased and used to establish new or to expand existing manufacturing, mining or fabricating plants in the state if such machinery and equipment is used directly in manufacturing, mining or fabricating a product which is intended to be sold ultimately for final use or consumption;

            (6) Tangible personal property which is used exclusively in the manufacturing, processing, modification or assembling of products sold to the United States government or to any agency of the United States government;

            (7) Animals or poultry used for breeding or feeding purposes;

            (8) Newsprint, ink, computers, photosensitive paper and film, toner, printing plates and other machinery, equipment, replacement parts and supplies used in producing newspapers published for dissemination of news to the general public;

            (9) The rentals of films, records or any type of sound or picture transcriptions for public commercial display;

            (10) Pumping machinery and equipment used to propel products delivered by pipelines engaged as common carriers;

            (11) Railroad rolling stock for use in transporting persons or property in interstate commerce and motor vehicles licensed for a gross weight of twenty-four thousand pounds or more or trailers used by common carriers, as defined in section [390.020] 308.020, RSMo, solely in the transportation of persons or property in interstate commerce;

            (12) Electrical energy used in the actual primary manufacture, processing, compounding, mining or producing of a product, or electrical energy used in the actual secondary processing or fabricating of the product, or a material recovery processing plant as defined in subdivision (4) of this subsection, in facilities owned or leased by the taxpayer, if the total cost of electrical energy so used exceeds ten percent of the total cost of production, either primary or secondary, exclusive of the cost of electrical energy so used or if the raw materials used in such processing contain at least twenty-five percent recovered materials as defined in section 260.200, RSMo. For purposes of this subdivision, "processing" means any mode of treatment, act or series of acts performed upon materials to transform and reduce them to a different state or thing, including treatment necessary to maintain or preserve such processing by the producer at the production facility;

            (13) Anodes which are used or consumed in manufacturing, processing, compounding, mining, producing or fabricating and which have a useful life of less than one year;

            (14) Machinery, equipment, appliances and devices purchased or leased and used solely for the purpose of preventing, abating or monitoring air pollution, and materials and supplies solely required for the installation, construction or reconstruction of such machinery, equipment, appliances and devices, and so certified as such by the director of the department of natural resources, except that any action by the director pursuant to this subdivision may be appealed to the air conservation commission which may uphold or reverse such action;

            (15) Machinery, equipment, appliances and devices purchased or leased and used solely for the purpose of preventing, abating or monitoring water pollution, and materials and supplies solely required for the installation, construction or reconstruction of such machinery, equipment, appliances and devices, and so certified as such by the director of the department of natural resources, except that any action by the director pursuant to this subdivision may be appealed to the Missouri clean water commission which may uphold or reverse such action;

            (16) Tangible personal property purchased by a rural water district;

            (17) All amounts paid or charged for admission or participation or other fees paid by or other charges to individuals in or for any place of amusement, entertainment or recreation, games or athletic events, including museums, fairs, zoos and planetariums, owned or operated by a municipality or other political subdivision where all the proceeds derived therefrom benefit the municipality or other political subdivision and do not inure to any private person, firm, or corporation;

            (18) All sales of insulin and prosthetic or orthopedic devices as defined on January 1, 1980, by the federal Medicare program pursuant to Title XVIII of the Social Security Act of 1965, including the items specified in Section 1862(a)(12) of that act, and also specifically including hearing aids and hearing aid supplies and all sales of drugs which may be legally dispensed by a licensed pharmacist only upon a lawful prescription of a practitioner licensed to administer those items, including samples and materials used to manufacture samples which may be dispensed by a practitioner authorized to dispense such samples and all sales of medical oxygen, home respiratory equipment and accessories, hospital beds and accessories and ambulatory aids, all sales of manual and powered wheelchairs, stairway lifts, Braille writers, electronic Braille equipment and, if purchased by or on behalf of a person with one or more physical or mental disabilities to enable them to function more independently, all sales of scooters, reading machines, electronic print enlargers and magnifiers, electronic alternative and augmentative communication devices, and items used solely to modify motor vehicles to permit the use of such motor vehicles by individuals with disabilities or sales of over-the-counter or nonprescription drugs to individuals with disabilities;

            (19) All sales made by or to religious and charitable organizations and institutions in their religious, charitable or educational functions and activities and all sales made by or to all elementary and secondary schools operated at public expense in their educational functions and activities;

            (20) All sales of aircraft to common carriers for storage or for use in interstate commerce and all sales made by or to not-for-profit civic, social, service or fraternal organizations, including fraternal organizations which have been declared tax exempt organizations pursuant to Section 501(c)(8) or (10) of the 1986 Internal Revenue Code, as amended, solely in their civic or charitable functions and activities and all sales made to eleemosynary and penal institutions and industries of the state, and all sales made to any private not-for-profit institution of higher education not otherwise excluded pursuant to subdivision (19) of this subsection or any institution of higher education supported by public funds, and all sales made to a state relief agency in the exercise of relief functions and activities;

            (21) All ticket sales made by benevolent, scientific and educational associations which are formed to foster, encourage, and promote progress and improvement in the science of agriculture and in the raising and breeding of animals, and by nonprofit summer theater organizations if such organizations are exempt from federal tax pursuant to the provisions of the Internal Revenue Code and all admission charges and entry fees to the Missouri state fair or any fair conducted by a county agricultural and mechanical society organized and operated pursuant to sections 262.290 to 262.530, RSMo;

            (22) All sales made to any private not-for-profit elementary or secondary school, all sales of feed additives, medications or vaccines administered to livestock or poultry in the production of food or fiber, all sales of pesticides used in the production of crops, livestock or poultry for food or fiber, all sales of bedding used in the production of livestock or poultry for food or fiber, all sales of propane or natural gas, electricity or diesel fuel used exclusively for drying agricultural crops, and all sales of farm machinery, other than airplanes, motor vehicles and trailers. As used in this subdivision, the term "feed additives" means tangible personal property which, when mixed with feed for livestock or poultry, is to be used in the feeding of livestock or poultry. As used in this subdivision, the term "pesticides" includes adjuvants such as crop oils, surfactants, wetting agents and other assorted pesticide carriers used to improve or enhance the effect of a pesticide and the foam used to mark the application of pesticides and herbicides for the production of crops, livestock or poultry. As used in this subdivision, the term "farm machinery" means new or used farm tractors and such other new or used farm machinery and equipment and repair or replacement parts thereon and lubricants used exclusively for such farm machinery and equipment and one-half of each purchaser's purchase of diesel fuel therefor which is:

            (a) Used exclusively for agricultural purposes;

            (b) Used on land owned or leased for the purpose of producing farm products; and

            (c) Used directly in producing farm products to be sold ultimately in processed form or otherwise at retail or in producing farm products to be fed to livestock or poultry to be sold ultimately in processed form at retail;

            (23) Except as otherwise provided in section 144.032, all sales of metered water service, electricity, electrical current, natural, artificial or propane gas, wood, coal or home heating oil for domestic use and in any city not within a county, all sales of metered or unmetered water service for domestic use;

            (a) "Domestic use" means that portion of metered water service, electricity, electrical current, natural, artificial or propane gas, wood, coal or home heating oil, and in any city not within a county, metered or unmetered water service, which an individual occupant of a residential premises uses for nonbusiness, noncommercial or nonindustrial purposes. Utility service through a single or master meter for residential apartments or condominiums, including service for common areas and facilities and vacant units, shall be deemed to be for domestic use. Each seller shall establish and maintain a system whereby individual purchases are determined as exempt or nonexempt;

            (b) Regulated utility sellers shall determine whether individual purchases are exempt or nonexempt based upon the seller's utility service rate classifications as contained in tariffs on file with and approved by the Missouri public service commission. Sales and purchases made pursuant to the rate classification "residential" and sales to and purchases made by or on behalf of the occupants of residential apartments or condominiums through a single or master meter, including service for common areas and facilities and vacant units, shall be considered as sales made for domestic use and such sales shall be exempt from sales tax. Sellers shall charge sales tax upon the entire amount of purchases classified as nondomestic use. The seller's utility service rate classification and the provision of service thereunder shall be conclusive as to whether or not the utility must charge sales tax;

            (c) Each person making domestic use purchases of services or property and who uses any portion of the services or property so purchased for a nondomestic use shall, by the fifteenth day of the fourth month following the year of purchase, and without assessment, notice or demand, file a return and pay sales tax on that portion of nondomestic purchases. Each person making nondomestic purchases of services or property and who uses any portion of the services or property so purchased for domestic use, and each person making domestic purchases on behalf of occupants of residential apartments or condominiums through a single or master meter, including service for common areas and facilities and vacant units, under a nonresidential utility service rate classification may, between the first day of the first month and the fifteenth day of the fourth month following the year of purchase, apply for credit or refund to the director of revenue and the director shall give credit or make refund for taxes paid on the domestic use portion of the purchase. The person making such purchases on behalf of occupants of residential apartments or condominiums shall have standing to apply to the director of revenue for such credit or refund;

            (24) All sales of handicraft items made by the seller or the seller's spouse if the seller or the seller's spouse is at least sixty-five years of age, and if the total gross proceeds from such sales do not constitute a majority of the annual gross income of the seller;

            (25) Excise taxes, collected on sales at retail, imposed by Sections 4041, 4061, 4071, 4081, 4091, 4161, 4181, 4251, 4261 and 4271 of Title 26, United States Code. The director of revenue shall promulgate rules pursuant to chapter 536, RSMo, to eliminate all state and local sales taxes on such excise taxes;

            (26) Sales of fuel consumed or used in the operation of ships, barges, or waterborne vessels which are used primarily in or for the transportation of property or cargo, or the conveyance of persons for hire, on navigable rivers bordering on or located in part in this state, if such fuel is delivered by the seller to the purchaser's barge, ship, or waterborne vessel while it is afloat upon such river;

            (27) All sales made to an interstate compact agency created pursuant to sections 70.370 to [70.430] 70.441, RSMo, or sections 238.010 to 238.100, RSMo, in the exercise of the functions and activities of such agency as provided pursuant to the compact;

            (28) Computers, computer software and computer security systems purchased for use by architectural or engineering firms headquartered in this state. For the purposes of this subdivision, "headquartered in this state" means the office for the administrative management of at least four integrated facilities operated by the taxpayer is located in the state of Missouri;

            (29) All livestock sales when either the seller is engaged in the growing, producing or feeding of such livestock, or the seller is engaged in the business of buying and selling, bartering or leasing of such livestock;

            (30) All sales of barges which are to be used primarily in the transportation of property or cargo on interstate waterways;

            (31) Electrical energy or gas, whether natural, artificial or propane, which is ultimately consumed in connection with the manufacturing of cellular glass products;

            (32) Notwithstanding other provisions of law to the contrary, all sales of pesticides or herbicides used in the production of crops, aquaculture, livestock or poultry;

            (33) Tangible personal property purchased for use or consumption directly or exclusively in the research and development of prescription pharmaceuticals consumed by humans or animals;

            (34) All sales of grain bins for storage of grain for resale;

            (35) All sales of feed which are developed for and used in the feeding of pets owned by a commercial breeder when such sales are made to a commercial breeder, as defined in section 273.325, RSMo, and licensed pursuant to sections 273.325 to 273.357, RSMo;

            (36) All purchases by a contractor on behalf of an entity located in another state, provided that the entity is authorized to issue a certificate of exemption for purchases to a contractor under the provisions of that state's laws. For purposes of this subdivision, the term "certificate of exemption" shall mean any document evidencing that the entity is exempt from sales and use taxes on purchases pursuant to the laws of the state in which the entity is located. Any contractor making purchases on behalf of such entity shall maintain a copy of the entity's exemption certificate as evidence of the exemption. If the exemption certificate issued by the exempt entity to the contractor is later determined by the director of revenue to be invalid for any reason and the contractor has accepted the certificate in good faith, neither the contractor or the exempt entity shall be liable for the payment of any taxes, interest and penalty due as the result of use of the invalid exemption certificate. Materials shall be exempt from all state and local sales and use taxes when purchased by a contractor for the purpose of fabricating tangible personal property which is used in fulfilling a contract for the purpose of constructing, repairing or remodeling facilities for the following:

            (a) An exempt entity located in this state, if the entity is one of those entities able to issue project exemption certificates in accordance with the provisions of section 144.062; or

            (b) An exempt entity located outside the state if the exempt entity is authorized to issue an exemption certificate to contractors in accordance with the provisions of that state's law and the applicable provisions of this section;

            (37) Tangible personal property purchased for use or consumption directly or exclusively in research or experimentation activities performed by life science companies and so certified as such by the director of the department of economic development or the director's designees; except that, the total amount of exemptions certified pursuant to this [section] subdivision shall not exceed one million three hundred thousand dollars in state and local taxes per fiscal year. For purposes of this subdivision, the term "life science companies" means companies whose primary research activities are in agriculture, pharmaceuticals, biomedical or food ingredients, and whose North American Industry Classification System (NAICS) Codes fall under industry 541710 (biotech research or development laboratories), 621511 (medical laboratories) or 541940 (veterinary services). The exemption provided by this subdivision shall expire on June 30, 2003.

            190.105. 1. No person, either as owner, agent or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise be engaged in or profess to be engaged in the business or service of the transportation of patients by ambulance in the air, upon the streets, alleys, or any public way or place of the state of Missouri unless such person holds a currently valid license from the department for an ambulance service issued pursuant to the provisions of sections 190.001 to [190.245] 190.250.

            2. No ground ambulance shall be operated for ambulance purposes, and no individual shall drive, attend or permit it to be operated for such purposes in the state of Missouri unless the ground ambulance is under the immediate supervision and direction of a person who is holding a currently valid Missouri license as an emergency medical technician. Nothing in this section shall be construed to mean that a duly registered nurse or a duly licensed physician be required to hold an emergency medical technician's license. Each ambulance service is responsible for assuring that any person driving its ambulance is competent in emergency vehicle operations and has a safe driving record. Each ground ambulance shall be staffed with at least two licensed individuals when transporting a patient, except as provided in section 190.094.

            3. No license shall be required for an ambulance service, or for the attendant of an ambulance, which:

            (1) Is rendering assistance in the case of an emergency, major catastrophe or any other unforeseen event or series of events which jeopardizes the ability of the local ambulance service to promptly respond to emergencies; or

            (2) Is operated from a location or headquarters outside of Missouri in order to transport patients who are picked up beyond the limits of Missouri to locations within or outside of Missouri, but no such outside ambulance shall be used to pick up patients within Missouri for transportation to locations within Missouri, except as provided in subdivision (1) of this subsection.

            4. The issuance of a license pursuant to the provisions of sections 190.001 to [190.245] 190.250 shall not be construed so as to authorize any person to provide ambulance services or to operate any ambulances without a franchise in any city not within a county or in a political subdivision in any county with a population of over nine hundred thousand inhabitants, or a franchise, contract or mutual-aid agreement in any other political subdivision which has enacted an ordinance making it unlawful to do so.

            5. Sections 190.001 to [190.245] 190.250 shall not preclude the adoption of any law, ordinance or regulation not in conflict with such sections by any city not within a county, or at least as strict as such sections by any county, municipality or political subdivision except that no such regulations or ordinances shall be adopted by a political subdivision in a county with a population of over nine hundred thousand inhabitants except by the county's governing body.

            6. In a county with a population of over nine hundred thousand inhabitants, the governing body of the county shall set the standards for all ambulance services which shall comply with subsection 5 of this section. All such ambulance services must be licensed by the department. The governing body of such county shall not prohibit a licensed ambulance service from operating in the county, as long as the ambulance service meets county standards.

            7. An ambulance service or vehicle when operated for the purpose of transporting persons who are sick, injured, or otherwise incapacitated shall not be treated as a common or contract carrier under the jurisdiction of the [Missouri division of motor carrier and railroad safety] state highways and transportation commission.

            8. Sections 190.001 to [190.245] 190.250 shall not apply to, nor be construed to include, any motor vehicle used by an employer for the transportation of such employer's employees whose illness or injury occurs on private property, and not on a public highway or property, nor to any person operating such a motor vehicle.

            9. A political subdivision that is authorized to operate a licensed ambulance service may establish, operate, maintain and manage its ambulance service, and select and contract with a licensed ambulance service. Any political subdivision may contract with a licensed ambulance service.

            10. Except as provided in subsections 5 and 6 of this section, nothing in section 67.300, RSMo, or subsection 2 of section 190.109, shall be construed to authorize any municipality or county which is located within an ambulance district or a fire protection district that is authorized to provide ambulance service to promulgate laws, ordinances or regulations related to the provision of ambulance services. This provision shall not apply to any municipality or county which operates an ambulance service established prior to August 28, 1998.

            11. Nothing in section 67.300, RSMo, or subsection 2 of section 190.109 shall be construed to authorize any municipality or county which is located within an ambulance district or a fire protection district that is authorized to provide ambulance service to operate an ambulance service without a franchise in an ambulance district or a fire protection district that is authorized to provide ambulance service which has enacted an ordinance making it unlawful to do so. This provision shall not apply to any municipality or county which operates an ambulance service established prior to August 28, 1998.

            12. No provider of ambulance service within the state of Missouri which is licensed by the department to provide such service shall discriminate regarding treatment or transportation of emergency patients on the basis of race, sex, age, color, religion, sexual preference, national origin, ancestry, handicap, medical condition or ability to pay.

            13. No provision of this section, other than subsections 5, 6, 10 and 11 of this section, is intended to limit or supersede the powers given to ambulance districts pursuant to this chapter or to fire protection districts pursuant to chapter 321, RSMo, or to counties, cities, towns and villages pursuant to chapter 67, RSMo.

            14. Upon the sale or transfer of any ground ambulance service ownership, the owner of such service shall notify the department of the change in ownership within thirty days of such sale or transfer. After receipt of such notice, the department shall conduct an inspection of the ambulance service to verify compliance with the licensure standards of sections 190.001 to 190.245.

            190.528. 1. No person, either as owner, agent or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise be engaged in or profess to be engaged in the business or service of the transportation of passengers by stretcher van upon the streets, alleys, or any public way or place of the state of Missouri unless such person holds a currently valid license from the department for a stretcher van service issued pursuant to the provisions of sections 190.525 to 190.537 notwithstanding any provisions of chapter [390 or 622] 308, RSMo, to the contrary.

            2. Subsection 1 of this section shall not preclude any political subdivision that is authorized to operate a licensed ambulance service from adopting any law, ordinance or regulation governing the operation of stretcher vans that is at least as strict as the minimum state standards, and no such regulations or ordinances shall prohibit stretcher van services that were legally picking up passengers within a political subdivision prior to January 1, 2002, from continuing to operate within that political subdivision and no political subdivision which did not regulate or prohibit stretcher van services as of January 1, 2002, shall implement unreasonable regulations or ordinances to prevent the establishment and operation of such services.

            3. In any county with a charter form of government and with more than one million inhabitants, the governing body of the county shall set reasonable standards for all stretcher van services which shall comply with subsection 2 of this section. All such stretcher van services must be licensed by the department. The governing body of such county shall not prohibit a licensed stretcher van service from operating in the county, as long as the stretcher van service meets county standards.

            4. Nothing shall preclude the enforcement of any laws, ordinances or regulations of any political subdivision authorized to operate a licensed ambulance service that were in effect prior to August 28, 2001.

            5. Stretcher van services may transport passengers.

            6. A stretcher van shall be staffed by at least two individuals when transporting passengers.

            7. The crew of the stretcher van is required to immediately contact the appropriate ground ambulance service if a passenger's condition deteriorates.

            8. Stretcher van services shall not transport patients, persons currently admitted to a hospital or persons being transported to a hospital for admission or emergency treatment.

            9. The department of health and senior services shall promulgate regulations, including but not limited to adequate insurance, on-board equipment, vehicle staffing, vehicle maintenance, vehicle specifications, vehicle communications, passenger safety and records and reports.

            10. The department of health and senior services shall issue service licenses for a period of no more than five years for each service meeting the established rules.

            11. Application for a stretcher van license shall be made upon such forms as prescribed by the department in rules adopted pursuant to sections 190.525 to 190.537. The application form shall contain such information as the department deems necessary to make a determination as to whether the stretcher van agency meets all the requirements of sections 190.525 to 190.537 and rules promulgated pursuant to sections 190.525 to 190.537. The department shall conduct an inspection of the stretcher van service to verify compliance with the licensure standards of sections 190.525 to 190.537.

            12. Upon the sale or transfer of any stretcher van service ownership, the owner of the stretcher van service shall notify the department of the change in ownership within thirty days prior to the sale or transfer. The department shall conduct an inspection of the stretcher van service to verify compliance with the licensure standards of sections 190.525 to 190.537.

            13. Ambulance services licensed pursuant to this chapter or any rules promulgated by the department of health and senior services pursuant to this chapter may provide stretcher van and wheelchair transportation services pursuant to sections 190.525 to 190.537.

            14. 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 shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, 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, 2002, shall be invalid and void.

            226.135. 1. The state highways and transportation commission shall have the authority to enter into one or more agreements with appropriate authorities within other states for the issuance of a multistate or regional permit for vehicles and equipment exceeding the legal limitations on width, length, height and weight, or which are unable to maintain minimum speed limits. Such permits shall be issued by the chief engineer of the state department of transportation, or his counterpart in another state subject to such an agreement with the commission, for good cause shown and when the public safety or public interest so justifies. Such permits shall be issued only for a single trip or for a definite period, not exceeding the maximum period set forth in the multistate agreement with the commission, and shall designate the highways and bridges within Missouri which may be used under the authority of such permit.             2. The chief engineer of the department of transportation shall have authority to collect permit fees for Missouri and for the other state or states subject to an agreement authorized in subsection 1 of this section, in the same manner as [he] the engineer now collects fees for permits for vehicles and equipment exceeding width, length, height and weight limits, or which are unable to maintain minimum speed limits, for travel exclusively within Missouri. Within each agreement authorized in this section, the state highways and transportation commission may authorize officials in another state or states subject to that agreement to collect fees for and on behalf of the commission as well as other states, in compensation for the issuance of such permits for those vehicles and equipment to travel on Missouri highways and bridges. Permit fees for multistate travel for such vehicles and equipment shall be established and reestablished within each agreement authorized in this section, and any amendments thereto.

            3. The permit fees collected by the chief engineer on behalf of other jurisdictions under agreements made under subsection 1 of this section and sections 308.600, 308.660, and 308.655, RSMo, 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] account which is hereby created and designated as the "[Over-Dimension Permit Fund] Interstate Carrier Holding Account". The chief engineer 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 [over-dimension permit fund] account by the director of revenue shall be credited to the state road fund. The portion of those permit fees collected by another state or states pursuant to the terms of the agreement authorized by this section and owing to the [Missouri] state highways and transportation commission shall be deposited into the state road fund, as provided in the agreement.

            260.203. 1. Any infectious waste transferred from the premises of the generator shall be taken to an infectious waste processing facility that holds a valid permit issued by the department, or a hospital as defined in section 197.020, RSMo.

            2. No infectious waste shall be placed into a solid waste disposal area except as otherwise provided for in sections 260.200 to [260.245] 260.255 unless it has been treated or rendered innocuous by a permitted infectious waste processing facility as provided in sections 260.200 to [260.245] 260.255, or by a hospital as defined in section 197.020, RSMo, by autoclaving, incineration, chemical disinfection, or other methods of treatment approved by the department. The department of health and senior services shall promulgate rules covering the handling and treatment of infectious waste by hospitals as defined in section 197.020, RSMo, and such rules shall be consistent with the rules of the department under sections 260.200 to [260.245] 260.255, and shall be effective no later than January 1, 1989.

            3. All such wastes[,] when transported off the premises of the generator shall be packaged and transported as provided by rule under sections 260.200 to [260.245] 260.255 and chapter 308, RSMo, except that hospitals and small quantity generators as defined by the department under this section may transport infectious waste to a hospital for treatment, an infectious waste processing facility for treatment or to a central collection point using their employees and vehicles as long as they meet all other requirements of sections 260.200 to [260.245] 260.255 and chapter 308, RSMo, and the rules and regulations promulgated under sections 260.200 to [260.245] 260.255 and chapter 308, RSMo.

            4. The department of health and senior services shall provide for a registration process for all hospitals pursuant to the provisions of sections 260.200 to [260.245] 260.255 and section 192.005, RSMo. The process shall include a completed and signed application on forms provided by the department of health and senior services. The forms shall contain the following:

            (1) A statement certifying that the applicant understands and will comply with the applicable requirements of sections 260.200 to [260.245] 260.255; and

            (2) Other requirements established by the department of health and senior services.

            5. Registrations shall be renewed annually.

            6. Unless otherwise provided for in sections 260.200 to [260.245] 260.255, any person who treats infectious waste to the specifications of the department of natural resources or the department of health and senior services, and who proposes to dispose of the residue thereof in a sanitary landfill shall properly identify the waste and shall certify to the transporter and the sanitary landfill operator that the waste has been rendered innocuous and may be legally placed in a sanitary landfill pursuant to the provisions of this section. Persons found to be in violation of this subsection shall be guilty of a class A misdemeanor.

            7. Facilities permitted to treat infectious waste shall adhere to an operation plan for the handling and treatment of infectious waste approved by the department of natural resources as provided by rule, and hospitals, as defined in section 197.020, RSMo, allowed to treat infectious waste shall adhere to an operation plan for the handling and treatment of infectious waste approved by the department of health and senior services as provided by rule. The plan shall include, but not be limited to, methods of handling and treating the waste, protection of employees and the public and the maximum amount of waste which may be handled per month. Approval for acceptance of infectious waste may be withdrawn for noncompliance with the operation plan. No permitted infectious waste treatment facility shall operate unless it has a solid waste technician trained in the handling of infectious waste on site during any treatment process. Such operator shall meet the requirements established by the department pursuant to section 260.205.

            8. Any transporter or generator who delivers infectious waste to an infectious waste processing facility, except small quantity generators and hospitals located in Missouri and defined in section 197.020, RSMo, shall pay a fee of two dollars for each ton of infectious waste so delivered. Such fees shall be collected by the infectious waste processing facility accepting the waste and transmitted to the department. The department shall promptly transmit funds collected under this section to the director of the department of revenue for deposit in the solid waste management fund. Moneys, upon appropriation, shall be used to help pay for the administrative costs associated with infectious waste management. Any transporter or generator who transports infectious waste for more than three hundred miles for management in Missouri shall pay, in addition to the charges above, an additional charge equal to ten percent of the gross charge charged by the processing facility for the management of such waste. Such fees shall be collected by the infectious waste processing facility accepting the waste and transmitted to the department which shall promptly transmit such fees to the department of revenue for deposit in the general revenue fund.

            9. Hospitals defined in chapter 197, RSMo, and located in Missouri, may manage infectious waste generated on the premises by autoclaving, incineration, chemical disinfection or other methods of treatment approved by the department of health and senior services. Such hospitals may also treat infectious waste produced by small quantity generators and other hospitals located in Missouri upon the approval of the department of natural resources and the department of health and senior services. Failure of either department to respond by issuing a certification to accept infectious waste in writing to a hospital which has filed in writing to both departments a notice of intent to treat waste from another hospital within ninety days constitutes approval of the treatment. All hospitals licensed by the state of Missouri pursuant to chapter 197, RSMo, are exempt from all taxes or fees imposed pursuant to sections 260.350 to [260.480] 260.482, provided that no more than twenty-five percent, by weight, of the infectious waste managed by such hospitals is produced by other generators which are not owned or operated by the hospital.

            10. Persons generating one hundred kilograms or less of infectious waste per month are exempt from the provisions of this section except that the department of health and senior services shall specify by rule, in accordance with section 192.005, RSMo, infectious waste that shall be rendered innocuous regardless of quantity. Any person who disposes of waste exempt from the provisions of [this act] sections 260.350 to 260.482 in a sanitary landfill shall certify to the transporter or the sanitary landfill operator that the waste has been handled in a manner consistent with the law and may be legally placed in a sanitary landfill. Rules promulgated by the department of natural resources and the department of health and senior services pursuant to this subsection shall be effective no later than July 1, 1989. Persons found to be in violation of this subsection shall be guilty of a class A misdemeanor.

            11. A generator of infectious waste who operates single or multiple site research facilities for research and experimental activities as defined in Section 174 of the [1986] Internal Revenue Code of 1986, as amended, who generates such waste as a part of research and experimentation activities, and who manages such waste on site, shall not be required to obtain an infectious waste processing facility permit under this section to manage infectious waste. The generator may accept infectious waste from other sites of the parent research company located in Missouri but shall not accept infectious waste from other sources and shall comply with all other requirements and provisions of sections 260.200 to 260.245, and the rules and regulations promulgated thereunder. The University of Missouri Ellis Fischel Cancer Center and the other facilities of the University of Missouri-Columbia shall be considered a multiple site research facility for the purposes of this section.

            12. Nothing in this section shall prohibit the transportation of infectious or hazardous waste from the state of Missouri for management in another state.

            13. The department of natural resources shall establish, by rule, inspection fees to be paid to the department by owners or operators of commercial infectious waste incinerators. The fees shall not exceed the costs of the inspections and shall not exceed ten thousand dollars per year for a facility. Funds derived from these inspection fees shall be used for the purpose of funding the inspection of commercial infectious waste incinerators.

            14. All owners or operators of commercial infectious waste incinerators shall pay the fees, established by the department by rule, for inspections conducted by the department pursuant to this section.

            15. There is hereby created the "Infectious Waste Incinerator Inspection Fund". All funds received from infectious waste incinerator inspection fees shall be paid to the director of the department of revenue and deposited in the state treasury to the credit of the infectious waste incinerator inspection fund. Moneys from such fund shall be used by the department of natural resources for conducting inspections at commercial infectious waste incinerators.

            16. The department shall furnish to the person, firm or corporation operating the commercial infectious waste facility a complete, full and detailed accounting of the cost of the department's inspection of the facility each time the facility is inspected within thirty days after the inspection is commenced. Failure to do so shall require the department to refund the inspection fee.

            260.270. 1. (1) It shall be unlawful for any person to haul for commercial profit, collect, process, or dispose of waste tires in the state except as provided in this section. This section shall not be construed to prohibit waste tires from being hauled to a lawfully operated facility in another state. Waste tires shall be collected at a waste tire site, waste tire processing facility, waste tire end-user facility, or a waste tire collection center. A violation of this subdivision shall be a class C misdemeanor for the first violation. A second and each subsequent violation shall be a class A misdemeanor. A third and each subsequent violation, in addition to other penalties authorized by law, may be punishable by a fine not to exceed five thousand dollars and restitution may be ordered by the court.

            (2) A person shall not maintain a waste tire site unless the site is permitted by the department of natural resources for the proper and temporary storage of waste tires or the site is an integral part of the person's permitted waste tire processing facility or registered waste tire end-user facility. No new waste tire sites shall be permitted by the department after August 28, 1997, unless they are located at permitted waste tire processing facilities or registered waste tire end-user facilities. A person who maintained a waste tire site on or before August 28, 1997, shall not accept any quantity of additional waste tires at such site after August 28, 1997, unless the site is an integral part of the person's waste tire processing or end-user facility, or unless the person who maintains such site can verify that a quantity of waste tires at least equal to the number of additional waste tires received was shipped to a waste tire processing or end-user facility within thirty days after receipt of such additional waste tires.

            (3) A person shall not operate a waste tire processing facility unless the facility is permitted by the department. A person shall not maintain a waste tire end-user facility unless the facility is registered by the department. The inventory of unprocessed waste tires on the premises of a waste tire processing or end-user facility shall not exceed the estimated inventory that can be processed or used in six months of normal and continuous operation. This estimate shall be based on the volume of tires processed or used by the facility in the last year or the manufacturer's estimated capacity of the processing or end-user equipment. This estimate may be increased from time to time when new equipment is obtained by the owner of the facility, and shall be reduced if equipment used previously is removed from active use. The inventory of processed waste tires on the premises of a waste tire processing or end-user facility shall not exceed two times the permitted inventory of an equivalent volume of unprocessed waste tires.             (4) Any person selling new, used, or remanufactured tires at retail shall accept, at the point of transfer, in a quantity equal to the number of tires sold, waste tires from customers, if offered by such customers. Any person accepting waste tires may charge a reasonable fee reflecting the cost of proper management of any waste tires accepted; except that the fee shall not exceed two dollars per waste tire for any tire designed for a wheel of a diameter of sixteen inches or less and which tire is required to be accepted on a one-for-one basis at the time of a retail sale pursuant to this subdivision. All tire retailers or other businesses that generate waste tires shall use a waste tire hauler permitted by the [department] state highways and transportation commission, except that businesses that generate or accept waste tires in the normal course of business may haul such waste tires without a permit, if such hauling is performed without any consideration and such business maintains records on the waste tires hauled as required by sections 260.270 to [260.276] 260.278 and chapter 308, RSMo. Retailers shall not be liable for illegal disposal of waste tires after such waste tires are delivered to a waste tire hauler[,] permitted by the state highways and transportation commission, or a waste tire collection center, waste tire site, waste tire processing facility or waste tire end-user facility if such entity is permitted by the department of natural resources.

            (5) It shall be unlawful for any person to transport waste tires for consideration within the state [without a permit] unless permitted as a waste tire hauler by the state highways and transportation commission.

            (6) Waste tires may not be deposited in a landfill unless the tires have been cut, chipped or shredded.

            2. Within six months after August 28, 1990, owners and operators of any waste tire site shall provide the department of natural resources with information concerning the site's location, size, and approximate number of waste tires that have been accumulated at the site and shall initiate steps to comply with sections 260.270 to [260.276] 260.278.

            3. The department of natural resources and, if applicable, the state highways and transportation commission shall promulgate rules and regulations pertaining to collection, storage and processing and transportation of waste tires and such rules and regulations shall include:

            (1) Methods of collection, storage and processing of waste tires. Such methods shall consider the general location of waste tires being stored with regard to property boundaries and buildings, pest control, accessibility by fire-fighting equipment, and other considerations as they relate to public health and safety;

            (2) Procedures for permit application and permit fees for waste tire sites and commercial waste tire haulers, and by January 1, 1996, procedures for permitting of waste tire processing facilities and registration of waste tire end-user facilities. The only purpose of such registration shall be to provide information for the documentation of waste tire handling as described in subdivision (5) of this subsection, and registration shall not impose any additional requirements on the owner of a waste tire end-user facility;

            (3) Requirements for performance bonds or other forms of financial assurance for waste tire sites;

            (4) Exemptions from the requirements of sections 260.270 to [260.276] 260.278; and

            (5) By January 1, 1996, requirements for record-keeping procedures for retailers and other businesses that generate waste tires, waste tire haulers, waste tire collection centers, waste tire sites, waste tire processing facilities, and waste tire end-user facilities. Required record keeping shall include the source and number or weight of tires received and the destination and number of tires or weight of tires or tire pieces shipped or otherwise disposed of and such records shall be maintained for at least three years following the end of the calendar year of such activity. Detailed record keeping shall not be required where any charitable, fraternal, or other nonprofit organization conducts a program which results in the voluntary cleanup of land or water resources or the turning in of waste tires.

            4. Permit fees for waste tire sites and commercial waste tire haulers shall be established by rule and shall not exceed the cost of administering sections 260.270 to [260.275] 260.278. Permit fees shall be deposited into an appropriate subaccount of the solid waste management fund.

            5. The department shall:

            (1) Encourage the voluntary establishment of waste tire collection centers at retail tire selling businesses and waste tire processing facilities; and

            (2) Investigate, locate and document existing sites where tires have been or currently are being accumulated, and initiate efforts to bring these sites into compliance with rules and regulations promulgated pursuant to the provisions of sections 260.270 to [260.276] 260.278.             6. Any person licensed as an auto dismantler and salvage dealer under chapter 301, RSMo, may without further license, permit or payment of fee, store but shall not bury on [his] the person's property[,] up to five hundred waste tires that have been chipped, cut or shredded, if such tires are only from vehicles acquired by [him] such person, and such tires are stored in accordance with the rules and regulations adopted by the department pursuant to this section. Any tire retailer or wholesaler may hold more than five hundred waste tires for a period not to exceed thirty days without being permitted as a waste tire site, if such tires are stored in a manner which protects human health and the environment pursuant to regulations adopted by the department.

            7. Notwithstanding any other provisions of sections 260.270 to [260.276] 260.278, a person who leases or owns real property may use waste tires for soil erosion abatement and drainage purposes in accordance with procedures approved by the department, or to secure covers over silage, hay, straw or agricultural products.

            8. The department of transportation shall, beginning July 1, 1991, undertake, as part of its currently scheduled highway improvement projects, demonstration projects using recovered rubber from waste tires as surfacing material, structural material, subbase material and fill, consistent with standard engineering practices. The department shall evaluate the efficacy of using recovered rubber in highway improvements, and shall encourage the modification of road construction specifications, when possible, for the use of recovered rubber in highway improvement projects.

            9. The director or the state highways and transportation commission may request a prosecuting attorney to institute a prosecution for any violation of this section. In addition, the prosecutor of any county or circuit attorney of any city not within a county may, by information or indictment, institute a prosecution for any violation of this section.

            260.370. 1. Where proven technology is available and the economic impact is reasonable, pursuant to rules and regulations promulgated by the commission, the hazardous waste management commission shall encourage that every effort is made to effectively treat, recycle, detoxify, incinerate or otherwise treat hazardous waste to be disposed of in the state of Missouri in order that such wastes are not disposed of in a manner which is hazardous to the public health and the environment. Where proven technology is available with respect to a specific hazardous waste and the economic impact is reasonable, pursuant to rules and regulations promulgated by the commission, the hazardous waste management commission shall direct that disposal of the specific hazardous wastes using land filling as the primary method is prohibited.

            2. The hazardous waste management commission shall, by rules and regulations, categorize hazardous waste by taking into account toxicity, persistence and degradability in nature, potential for accumulation in tissue, and other related factors such as flammability, corrosiveness and other hazardous characteristics. The commission shall by rules and regulations further establish within each category the wastes which may or may not be disposed of through alternative hazardous waste management technologies including, but not limited to, treatment facilities, incinerators, landfills, landfarms, storage facilities, surface impoundments, recycling, reuse and reduction. The commission shall specify, by rule and regulation, the frequency of inspection for each method of hazardous waste management and for the different waste categories at hazardous waste management sites. The inspection may be daily when the hazardous waste management commission deems it necessary. The hazardous waste management commission shall specify, by rule, fees to be paid to the department by owners or operators of hazardous waste facilities who have obtained, or are required to obtain, a hazardous waste facility permit and who accept, on a commercial basis for remuneration, hazardous waste from off-site sources, but not including wastes generated by the same person at other sites located in Missouri or within a metropolitan statistical area located partially in Missouri and owned or operated by the same person and transferred to the hazardous waste facility, for treatment, storage or disposal, for inspections conducted by the department to determine compliance with sections 260.350 to [260.430] 260.434 and the regulations promulgated thereunder. Funds derived from these inspection fees shall be used for the purpose of funding the inspection of hazardous waste facilities, as specified in subsection 3 of section 260.391. Such fees shall not exceed twelve thousand dollars per year per facility and the commission shall establish a graduated fee scale based on the volume of hazardous waste accepted with reduced fees for facilities accepting smaller volumes of hazardous waste. The department shall furnish, upon request, to the person, firm or corporation operating the hazardous waste facility a complete, full and detailed accounting of the cost of the department's inspections of the facility for the twelve-month period immediately preceding the request within forty-five days after receipt of the request. Failure to provide the accounting within forty-five days shall require the department to refund the inspection fee paid during the twelve-month-time period.

            3. In addition to any other powers vested in it by law, the commission shall have the following powers:

            (1) From time to time adopt, amend or repeal, after due notice and public hearing, standards, rules and regulations to implement, enforce and carry out the provisions of sections 260.350 to [260.430] 260.434 and any required of this state by any federal hazardous waste management act and as the commission may deem necessary to provide for the safe management of hazardous wastes to protect the health of humans and the environment. In implementing this subsection, the commission shall consider the variations within this state in climate, geology, population density, quantities and types of hazardous wastes generated, availability of hazardous waste facilities and such other factors as may be relevant to the safe management of hazardous wastes. Within two years after September 28, 1977, the commission shall adopt rules and regulations including the following:

            (a) Rules and regulations establishing criteria and a listing for the determination of whether any waste or combination of wastes is hazardous for the purposes of sections 260.350 to 260.430, taking into account toxicity, persistence and degradability in nature, potential for accumulation in tissue, and other related factors such as flammability, corrosiveness and other hazardous characteristics;

            (b) Rules and regulations for the storage, treatment and disposal of hazardous wastes;

            (c) Rules and regulations for the transportation, containerization and labeling of hazardous wastes, which shall be consistent with those issued by the [Missouri public service commission] state highways and transportation commission;

            (d) Rules and regulations establishing standards for the issuance, modification, suspension, revocation or denial of such licenses and permits as are consistent with the purposes of sections 260.350 to [260.430] 260.434;

            (e) Rules and regulations establishing standards and procedures for the safe operation and maintenance of hazardous waste facilities in order to protect the health of humans and other living organisms;

            (f) Rules and regulations listing those wastes or combinations of wastes, for which criteria have been established under paragraph (a) of this subdivision and which are not compatible and which may not be stored or disposed of together;

            (g) Rules and regulations establishing procedures and requirements for the reporting of the generation, storage, transportation, treatment or disposal of hazardous wastes;

            (2) Adopt and publish, after notice as required by the provisions of chapter 536, RSMo, pertaining to administrative rulemaking, and public hearing, a state hazardous waste management plan to provide for the safe and effective management of hazardous wastes within this state. This plan shall be adopted within two years after September 28, 1977, and revised at least once every five years thereafter;

            (3) Hold hearings, issue notices of hearings and subpoenas requiring the attendance of witnesses and the production of evidence, administer oaths and take testimony as the commission deems necessary to accomplish the purposes of sections 260.350 to 260.430 or as required by any federal hazardous waste management act. Unless otherwise specified in sections 260.350 to 260.430, any of these powers may be exercised on behalf of the commission by any members thereof or a hearing officer designated by it;

            (4) Grant individual variances in accordance with the provisions of sections 260.350 to [260.430] 260.434;

            (5) Make such orders as are necessary to implement, enforce and effectuate the powers, duties and purposes of sections 260.350 to [260.430] 260.434.

            4. No rule or portion of a rule promulgated under the authority of sections 260.350 to [260.480] 260.482 and sections 260.565 to 260.575 shall become effective unless it has been promulgated pursuant to the provisions of [section 536.024] chapter 536, RSMo.

            260.375. The department shall:

            (1) Exercise general supervision of the administration and enforcement of sections 260.350 to [260.430] 260.434 and all standards, rules and regulations, orders or license and permit terms and conditions adopted or issued pursuant to sections 260.350 to [260.430] 260.434;

            (2) Develop and implement programs to achieve goals and objectives set by the state hazardous waste management plan;

            (3) Retain, employ, provide for and compensate, within appropriations available therefor, such consultants, assistants, deputies, clerks and other employees on a full- or part-time basis as may be necessary to carry out the provisions of sections 260.350 to [260.430] 260.434 and prescribe the times at which they shall be appointed and their powers and duties;

            (4) Budget and receive duly appropriated moneys for expenditures to carry out the provisions of sections 260.350 to [260.430] 260.434;

            (5) Accept, receive and administer grants or other funds or gifts from public and private agencies including the federal government for the purpose of carrying out any of the functions of sections 260.350 to [260.430] 260.434. Funds received by the department pursuant to this section shall be deposited with the state treasurer and held and disbursed by him or her in accordance with the appropriations of the general assembly;

            (6) Provide the commission all necessary support the commission may require to carry out its powers and duties including, but not limited to: keeping of records of all meetings; notification, at the direction of the chairman of the commission, of the members of the commission of the time, place and purpose of each meeting by written notice; drafting, for consideration of the commission, a state hazardous waste management plan and standards, rules and regulations necessary to carry out the purposes of sections 260.350 to [260.430] 260.434; and investigation of petitions for variances and complaints made to the commission and submission of recommendations thereto;

            (7) Collect and maintain, and require any person to collect and maintain, such records and information of hazardous waste generation, storage, transportation, resource recovery, treatment and disposal in this state, including quantities and types imported and exported across the borders of this state and install, calibrate and maintain and require any person to install, calibrate and maintain such monitoring equipment or methods, and make reports consistent with the purposes of sections 260.350 to [260.430] 260.434;

            (8) Secure necessary scientific, technical, administrative and operational services, including laboratory facilities, by contract or otherwise;

            (9) Develop facts and make inspections and investigations, including gathering of samples and performing of tests and analyses, consistent with the purposes of sections 260.350 to [260.430] 260.434, and in connection therewith, to enter or authorize any representative of the department to enter, at all reasonable times, in or upon any private or public property for any purpose required by sections 260.350 to [260.430] 260.434 or any federal hazardous waste management act. Such entry may be for the purpose, without limitation, of developing or implementing standards, rules and regulations, orders or license or permit terms and conditions, of inspecting or investigating any records required to be kept by sections 260.350 to [260.430] 260.434 or any license or permit issued pursuant to sections 260.350 to [260.430] 260.434 or any hazardous waste management practice which the department or commission believes violates sections 260.350 to [260.430] 260.434, or any standard, rule or regulation, order or license or permit term or condition adopted or issued pursuant to sections 260.350 to [260.430] 260.434, or otherwise endangers the health of humans or the environment, or the site of any suspected violation of sections 260.350 to [260.430] 260.434, or any standard, rule or regulation, order, or license or permit term or condition adopted or issued pursuant to sections 260.350 to [260.430] 260.434. The results of any such investigation shall be reduced to writing and shall be furnished to the owner or operator of the property. No person shall refuse entry or access requested for the purpose of inspection pursuant to this subdivision to an authorized representative of the department or commission who presents appropriate credentials, nor obstruct or hamper the representative in carrying out the inspection. A suitably restricted search warrant, upon a showing of probable cause in writing and upon oath, shall be issued by any judge or associate circuit judge having jurisdiction to any such representative for the purpose of enabling the representative to make such inspection;

            (10) Require each hazardous waste generator located within this state and each hazardous waste generator located outside of this state before utilizing any hazardous waste facility in this state to file a registration report containing such information as the commission by regulation may specify relating to types and quantities of hazardous waste generated and methods of hazardous waste management, and to meet all other requirements placed upon hazardous waste generators by sections 260.350 to [260.430] 260.434 and the standards, rules and regulations and orders adopted or issued pursuant to sections 260.350 to [260.430] 260.434;

            (11) Require each hazardous waste transporter operating in this state to obtain a license in accordance with the provisions of chapter 308, RSMo, and to meet all applicable requirements of sections 260.350 to [260.430] 260.434 and the standards, rules and regulations, orders and license terms and conditions adopted or issued pursuant to sections 260.350 to [260.430] 260.434;

            (12) Require each hazardous waste facility owner and operator to obtain a permit for each such facility and to meet all applicable requirements of sections 260.350 to [260.430] 260.434 and the standards, rules and regulations, orders and permit terms and conditions adopted or issued pursuant to sections 260.350 to [260.430] 260.434;

            (13) Issue, continue in effect, revoke, modify or deny in accordance with the standards, rules and regulations, hazardous waste transporter licenses in accordance with chapter 308, RSMo, and hazardous waste facility permits in accordance with this chapter;

            (14) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of sections 260.350 to [260.430] 260.434;

            (15) Enter such order or determination as may be necessary to effectuate the provisions of sections 260.350 to [260.430] 260.434 and the standards, rules and regulations, and license and permit terms and conditions adopted or issued pursuant to sections 260.350 to [260.430] 260.434;

            (16) Enter such order or cause to be instituted in a court of competent jurisdiction such legal proceedings as may be necessary in a situation of imminent hazard, as prescribed in section 260.420;

            (17) Settle or compromise as it may deem advantageous to the state, with the approval of the commission, any suit undertaken by the commission for recovery of any penalty or for compelling compliance with any provision of sections 260.350 to [260.430] 260.434 or any standard, rule or regulation, order, or license or permit term or condition adopted or issued pursuant to sections 260.350 to [260.430] 260.434;

            (18) Advise, consult and cooperate with other agencies of the state, the federal government, other states and interstate agencies and with affected groups, political subdivisions and industries in furtherance of the purposes of sections 260.350 to [260.430] 260.434 and, upon request, consult with persons subject to sections 260.350 to [260.430] 260.434 on the proper measures necessary to comply with the requirements of sections 260.350 to [260.430] 260.434 and rules and regulations adopted pursuant to sections 260.350 to [260.430] 260.434;

            (19) Encourage, coordinate, participate in or conduct studies, investigations, research and demonstrations relating to hazardous waste management as it may deem advisable and necessary for the discharge of its duties pursuant to sections 260.350 to [260.430] 260.434;

            (20) Represent the state of Missouri in all matters pertaining to interstate hazardous waste management including the negotiation of interstate compacts or agreements;

            (21) Arrange for the establishment, staffing, operation and maintenance of collection stations, within appropriations or other funding made available [therefor], for householders, farmers and other exempted persons as provided in section 260.380;

            (22) Collect and disseminate information relating to hazardous waste management;

            (23) Conduct education and training programs on hazardous waste problems and management;

            (24) Encourage and facilitate public participation in the development, revision and implementation of the state hazardous waste program;

            (25) Encourage waste reduction, resource recovery, exchange and energy conservation in hazardous waste management;

            (26) Exercise all powers necessary to carry out the provisions of sections 260.350 to [260.430] 260.434, assure that the state of Missouri complies with any federal hazardous waste management act and retains maximum control thereunder, and receives all desired federal grants, aid and other benefits;

            (27) Present to the public, at a public meeting, and to the governor and the members of the general assembly, an annual report on the status of the state hazardous waste program;

            (28) Develop comprehensive plans and programs to aid in the establishment of hazardous waste disposal sites as needed within the various geographical areas of the state within a reasonable period of time;

            (29) Control, abate or clean up any hazardous waste placed into or on the land in a manner which endangers or is reasonably likely to endanger the health of humans or the environment and, in aid thereof, may cause to be filed by the attorney general or a prosecuting attorney[,] a suit seeking mandatory or prohibitory injunctive relief or such other relief as may be appropriate. The department shall also take such action as is necessary to recover all costs associated with the cleanup of any hazardous waste from the person responsible for the waste. All money received shall be deposited in the hazardous waste fund created in section 260.391;

            (30) Oversee any corrective action work undertaken pursuant to sections 260.350 to [260.430] 260.434 and rules promulgated pursuant to sections 260.350 to [260.430] 260.434 to investigate, monitor, or clean up releases of hazardous waste or hazardous constituents to the environment at hazardous waste facilities. The department shall review the technical and regulatory aspects of corrective action plans, reports, documents, and associated field activities, and attest to their accuracy and adequacy. Owners or operators of hazardous waste facilities performing corrective actions shall pay to the department all reasonable costs, as determined by the commission, incurred by the department pursuant to this subdivision. All such funds remitted by owners or operators of hazardous waste facilities performing corrective actions shall be deposited in the hazardous waste fund created in section 260.391.

            260.380. 1. After six months from the effective date of the standards, rules and regulations adopted by the commission pursuant to section 260.370, hazardous waste generators shall:

            (1) Promptly file and maintain with the department, on registration forms it provides for this purpose, information on hazardous waste generation and management as specified by rules and regulations, and the hazardous waste generator may provide such information in a single registration form for all hazardous waste generation sites owned or operated by the hazardous waste generator or may register each hazardous waste generation site separately for the purposes of subdivision (10) of this subsection. Hazardous waste generators shall pay a one hundred dollar registration fee upon initial registration, and a one hundred dollar registration renewal fee annually thereafter to maintain an active registration. Such fees shall be deposited in the hazardous waste fund created in section 260.391;

            (2) Containerize and label all hazardous wastes as specified by standards, rules and regulations;

            (3) Segregate all hazardous wastes from all nonhazardous wastes and from noncompatible wastes, materials and other potential hazards as specified by standards, rules and regulations;

            (4) Provide safe storage and handling, including spill protection, as specified by standards, rules and regulations, for all hazardous wastes from the time of their generation to the time of their removal from the site of generation;

            (5) Unless provided otherwise in the rules and regulations, utilize only a hazardous waste transporter holding a license pursuant to [sections 260.350 to 260.430] chapter 308, RSMo, for the removal of all hazardous wastes from the premises where they were generated;

            (6) Unless provided otherwise in the rules and regulations of the state highways and transportation commission, provide a separate manifest to the transporter for each load of hazardous waste transported from the premises where it was generated. The generator shall specify the destination of such load on the manifest. The manner in which the manifest shall be completed, signed and filed with the department or the state highways and transportation commission shall be in accordance with applicable rules and regulations;

            (7) Utilize for treatment, resource recovery, disposal or storage of all hazardous wastes, only a hazardous waste facility authorized to operate pursuant to sections 260.350 to [260.430] 260.434 or the federal Resource Conservation and Recovery Act, or a state hazardous waste management program authorized pursuant to the federal Resource Conservation and Recovery Act, or any facility exempted from the permit required pursuant to section [260.395] 308.305, RSMo;

            (8) Collect and maintain such records, perform such monitoring or analyses, and submit such reports on any hazardous waste generated, its transportation and final disposition, as specified in sections 260.350 to [260.430] 260.434 and rules and regulations adopted pursuant to sections 260.350 to [260.430] 260.434;

            (9) Make available to the department upon request samples of waste and all records relating to hazardous waste generation and management for inspection and copying and allow the department to make unhampered inspections at any reasonable time of hazardous waste generation and management facilities located on the generator's property and hazardous waste generation and management practices carried out on the generator's property;

            (10) Pay annually, on or before January first of each year, effective January 1, 1982, a fee to the state of Missouri to be placed in the hazardous waste fund to be used solely for the administrative costs of the program. The fee shall not exceed one dollar per ton of hazardous waste registered with the department as specified in subdivision (1) of this subsection for the twelve-month period ending June thirtieth of the previous year. The amount of the fee shall be established annually by the commission by rule or regulation. However, the fee shall not exceed ten thousand dollars per generator per year and no fee shall be imposed upon any generator who registers less than ten tons of hazardous waste annually with the department;

            (a) All moneys payable pursuant to the provisions of this subdivision shall be promptly transmitted to the department of revenue, which shall deposit the same in the state treasury to the credit of the hazardous waste fund created in section 260.391;

            (b) The hazardous waste management commission shall establish and submit to the department of revenue procedures relating to the collection of the fees authorized by this subdivision. Such procedures shall include, but not be limited to, necessary records identifying the quantities of hazardous waste registered, the form and submission of reports to accompany the payment of fees, the time and manner of payment of fees, which shall not be more often than quarterly.

            2. Exempted from the requirements of this section are individual householders and farmers who generate only small quantities of hazardous waste and any person the commission determines generates only small quantities of hazardous waste on an infrequent basis, except that:

            (1) Householders, farmers and exempted persons shall manage all hazardous wastes they may generate in a manner so as not to adversely affect the health of humans, or pose a threat to the environment, or create a public nuisance; and

            (2) The department may determine that a specific quantity of a specific hazardous waste requires special management. Upon such determination and after public notice by press release or advertisement thereof, including instructions for handling and delivery, generators exempted pursuant to this subsection shall deliver, but without a manifest or the requirement to use a licensed hazardous waste transporter, such waste to:

            (a) Any storage, treatment or disposal site authorized to operate pursuant to sections 260.350 to [260.430] 260.434 or the federal Resource Conservation and Recovery Act, or a state hazardous waste management program authorized pursuant to the federal Resource Conservation and Recovery Act which the department designates for this purpose; or

            (b) A collection station or vehicle which the department may arrange for and designate for this purpose.

            260.390. 1. [After six months from the effective date of the standards, rules and regulations adopted by the commission pursuant to section 260.370,] Hazardous waste facility owners or operators shall:

            (1) Not construct, substantially alter or operate, including all postclosure activities and operations specified in the rules and regulations, a hazardous waste facility without first obtaining a hazardous waste facility permit from the department as specified in section [260.395] 308.305, RSMo;

            (2) Operate the facility according to the standards, rules and regulations adopted under sections 260.350 to [260.430] 260.434 and all terms and conditions of the permit;

            (3) Unless otherwise provided in sections 260.350 to [260.430] 260.434 or the rules and regulations adopted hereunder, accept delivery of hazardous waste only if delivery is by a hazardous waste transporter holding a license under [sections 260.350 to 260.430] chapter 308, RSMo, the shipment is accompanied by a manifest properly completed by both the generator and transporter and their facility is the destination indicated by the generator on the manifest. Exempted from the requirements of this subsection are deliveries, when directed by the department, from householders, farmers and other persons exempted from generator responsibilities under provisions of section 260.380 and deliveries made in emergency situations as specified in sections 260.350 to [260.550] 260.552 or the rules and regulations adopted hereunder. For such exempted deliveries they shall make a record of any waste accepted, its type, quantity, origin and the identity of the person making the delivery and promptly report this information to the department;

            (4) Complete, sign and file the facility operator portion of the manifest as specified in rules and regulations adopted under sections 260.350 to [260.430] 260.434;

            (5) Whenever final disposition is to be achieved at another hazardous waste or exempted facility, initiate a new manifest and comply with the other responsibilities of generators specified in sections 260.350 to [260.430] 260.434 and in rules and regulations and terms and conditions of their permit adopted or issued hereunder;

            (6) Collect and maintain such records, submit such reports and perform such monitoring as specified in sections 260.350 to [260.430] 260.434 and in rules and regulations and terms and conditions of their permit adopted or issued hereunder;

            (7) Make available to the department, upon request, samples of wastes received and all records, for inspection and copying, relating to hazardous waste management and allow the department to make unhampered inspections at any reasonable time of all facilities and equipment.

            2. All hazardous waste landfills shall collect, on behalf of the state from each hazardous waste generator or transporter, a tax equal to two percent of the gross charges and fees charged such generator for disposal at the landfill site to be placed in the hazardous waste fund to be used solely for the administration of sections 260.350 to [260.430] 260.434. The tax shall be accounted for separately on the statement of charges and fees made to the hazardous waste generator and shall be collected at the time of the collection of such charges and fees. All moneys payable under the provisions of this subsection shall be promptly transmitted to the department of revenue, which shall daily deposit the same in the state treasury to the credit of the hazardous waste fund. The hazardous waste management commission shall establish and submit to the department of revenue procedures relating to the collection of the taxes authorized by this subsection. Such procedures shall include, but not be limited to, necessary records identifying the quantities of hazardous waste received, the form and submission of reports to accompany the payment of taxes, the time and manner of payment of taxes, which shall not be more often than quarterly.

            3. The owner or operator of a hazardous waste disposal facility must close that facility upon termination of its operation, and shall after closure of the facility provide for protection during a postclosure care period, in accordance with the requirements of the commission, including the funds necessary for same. Protection shall include, but not be limited to, monitoring and maintenance subject to the rules and regulations of the hazardous waste management commission. The owner or operator shall maintain a hazardous waste facility permit for the postclosure care period. The operator and the state may enter into an agreement consistent with the rules and regulations of the hazardous waste management commission where the state may accept deed to, [and] monitor, and maintain the site.

            4. All owners or operators of hazardous waste facilities who have obtained, or are required to obtain, a hazardous waste facility permit from the department and who accept, on a commercial basis for remuneration, hazardous waste from off-site sources, but not including wastes generated by the same person at other sites located in Missouri or within a metropolitan statistical area located partially in Missouri and owned or operated by the same person and transferred to the hazardous waste facility, for treatment, storage or disposal, shall pay fees for inspections conducted by the department to determine compliance with sections 260.350 to [260.430] 260.434 and the rules promulgated thereunder. Hazardous waste facility inspection fees shall be specified by the hazardous waste management commission by rule. The inspection fees shall be used by the department as specified in subsection 3 of section 260.391.

            260.396. 1. For the purposes of this section, "PCB" or "polychlorinated biphenyls" shall mean any chemical substance that is limited to the biphenyl molecule which has been chlorinated to varying degrees or any combination of substances which contain such substances at concentrations of fifty parts per million or above; and "PCB-facility" shall mean any facility, including brokerage, storage, treatment and disposal facilities, which accepts PCBs and PCB contaminated materials on a commercial basis for remuneration.

            2. All commercial PCB facilities located in the state shall be permitted as hazardous waste management facilities in accordance with the provisions of section 260.350 to [260.430] 260.434, or permitted under the provisions of the federal Toxic Substances Control Act, 15 U.S.C. 2601, et. seq., whichever are more stringent. Such facilities shall require the consignor to prepare a hazardous waste manifest which shall accompany shipments of PCBs and PCB-contaminated materials from the point of origin to the final destination.

            3. The department of natural resources shall compile and maintain a list of all commercial PCB facilities in the state.

            4. [All commercial PCB facilities in operation on August 13, 1986, will have one hundred twenty days from August 13, 1986, to meet the requirements of this section.] A PCB facility shall be considered in compliance with the provisions of this section if a letter of intent has been filed with the department to construct, alter or operate a commercial PCB facility and the PCB facility otherwise complies with the provisions of subsection [7 of section 260.395] 1 of section 260.398, and until such time as the department may grant or deny a permit for the facility.

            260.398. 1. After six months from the effective date of the standards, rules and regulations adopted by the hazardous waste management commission pursuant to section 260.370, it shall be unlawful for any person to construct, substantially alter or operate, including postclosure activities and operations specified in the rules and regulations, a hazardous waste facility without first obtaining a hazardous waste facility permit for such construction, alteration or operation from the department of natural resources. Such person must submit to the department at least ninety days prior to submitting a permit application a letter of intent to construct, substantially alter, or operate any hazardous waste disposal facility. The person must file an application within one hundred eighty days of the filing of a letter of intent unless granted an extension by the commission. The department shall publish such letter of intent as specified in section 493.050, RSMo, within ten days of receipt of such letter. The letter shall be published once each week for four weeks in the county where the hazardous waste disposal facility is proposed. Once such letter is submitted, all conditions for the permit application evaluation purposes in existence as of the date of submission shall be deemed frozen, in that no subsequent action by any person to change such conditions in an attempt to thwart a fair and impartial decision on the application for a permit shall be allowed as grounds for denial of the permit. Any person before constructing, substantially altering, or operating a hazardous waste facility in this state shall file an application for a permit which shall:

            (1) Be submitted on a form provided for this purpose by the department and shall furnish the department with plans, specifications, and such other data as may be necessary to demonstrate to the satisfaction of the department that such facility does or will provide adequate protection of the health of humans and the environment and does or will comply with the provisions of any federal hazardous waste management act and sections 260.350 to 260.434 and the standards, rules, and regulations adopted pursuant to sections 260.350 to 260.434;

            (2) Include plans, designs, engineering reports, and relevant data for construction, alteration, or operation of a hazardous waste facility, to be submitted to the department by a registered professional engineer licensed by this state;

            (3) Include, as specified by rules and regulations, demonstration of financial responsibility, including, but not limited to, guarantees, liability insurance, posting of bond or any combination thereof, which shall be related to type and size of facility;

            (4) Include such environmental and geologic information, assessments, and studies as required by the rules and regulations of the commission;

            (5) Include with the application for a hazardous waste disposal or treatment facility a profile of the environmental and economic characteristics of the area as required by the commission, including the extent of air pollution and groundwater contamination; and a profile of the health characteristics of the area which identifies all serious illness, the rate of which exceeds the state average for such illness, which might be attributable to environmental contamination;

            (6) Include a fee payable to the state of Missouri which shall not exceed one thousand dollars, which shall cover the first year of the permit, if issued, but which is not refundable. If the permit is issued for more than one year, a fee equal in amount to the first year's fee shall be paid to the state of Missouri prior to issuance of the permit for each year the permit is to be in effect beyond the first year.

The department shall supervise any field work undertaken to collect geologic and engineering data for submission with the application. The state geologist and departmental engineers shall review the geologic and engineering plans, respectively, and attest to their accuracy and adequacy. The applicant shall pay all reasonable costs, as determined by the commission, incurred by the department pursuant to this subsection.

            2. (1) Prior to issuing or renewing a hazardous waste facility permit, the department shall:

            (a) Issue public notice by press release or advertisement, and shall notify all record owners of adjoining property by mail directed to the last known address, and the village, town, or city, if any, and the county in which the hazardous waste facility is located; and

            (b) Upon request, hold a public hearing after public notice as required in this subsection at a location convenient to the area affected by the issuance of the permit.

            (2) Prior to issuing, reviewing every five years as required in subsection 6 of this section, or renewing a hazardous waste disposal facility permit the department shall:

            (a) Issue public notice by press release and advertisement and shall notify all record owners of property, within one mile of the outer boundaries of the site, by mail directed to the last known address; and

            (b) Hold a public hearing after public notice as required in this subsection at a location convenient to the area affected by the issuance of the permit.

            3. If the department determines that the application conforms to the provisions of any federal hazardous waste management act and sections 260.350 to 260.434 and the standards or rules adopted pursuant to sections 260.350 to 260.434, it shall issue the hazardous waste facility permit with such terms and conditions, and require such testing and construction supervision as it deems necessary to protect the health of humans or the environment. The department shall act within one hundred eighty days after receipt of the application. If the department denies the permit, it shall issue a report to the applicant stating the reason for denial of a permit.

            4. A permit may be suspended or revoked whenever the department determines that the hazardous waste facility is, or has been, operated in violation of any provision of sections 260.350 to 260.434 or any standard, rule, order, permit term, or condition adopted or issued pursuant to sections 260.350 to 260.434 poses a threat to the health of humans or the environment or is creating a public nuisance.

            5. Whenever a permit is issued, renewed, denied, suspended, or revoked by the department, any aggrieved person, by petition filed with the department within thirty days of the decision, may appeal such decision and shall be entitled to a hearing as provided in section 260.400.

            6. A permit shall be issued for a fixed term, which shall not exceed ten years in the case of any land disposal facility, storage facility, incinerator, or other treatment facility. Each permit for a land disposal facility shall be reviewed five years after the date of its issuance or reissuance and shall be modified as necessary to assure that the facility continues to comply with the currently applicable requirements of federal and state law. Nothing in this subsection shall preclude the department from reviewing and modifying a permit at any time during its term. Review of any application for a permit renewal shall consider improvements in the state of control and measurement technology as well as changes in applicable regulations. Each permit issued pursuant to this section shall contain such terms and conditions as the department determines necessary to protect human health and the environment, and upon proper application by the holder and a determination by the department that the applicant is in compliance with all provisions of sections 260.350 to 260.434 and all standards, rules, orders, permit terms, and conditions adopted or issued pursuant to sections 260.350 to 260.434.

            7. A hazardous waste facility permit is not required for:

            (1) On-site storage of hazardous wastes where such storage is exempted by the commission by rule or regulation; however, such storage must conform to the provisions of any federal hazardous waste management act and sections 260.350 to 260.434 and the applicable standards or rules adopted pursuant to sections 260.350 to 260.434 and any other applicable hazardous materials storage and spill-prevention requirements provided by law;

            (2) A publicly owned treatment works which has an operating permit pursuant to section 644.051, RSMo, and is in compliance with that permit;

            (3) A resource recovery facility which the department certifies uses hazardous waste as a supplement to, or substitute for, nonwaste material, and that the sole purpose of the facility is manufacture of a product rather than treatment or disposal of hazardous wastes;

            (4) That portion of a facility engaged in hazardous waste resource recovery, when the facility is engaged in both resource recovery and hazardous waste treatment or disposal, provided the owner or operator can demonstrate to the department's satisfaction and the department finds that such portion is not intended and is not used for hazardous waste treatment or disposal.

            8. Facilities exempted pursuant to subsection 7 of this section must comply with the provisions of subdivisions (3) to (7) of subsection 1 of section 260.390 and such other requirements, to be specified by rules and regulations, as are necessary to comply with any federal hazardous waste management act or regulations. Generators who use such an exempted facility shall keep records of hazardous wastes transported, except by legal flow through sewer lines, to the facility and submit such records to the department in accordance with the provisions of section 260.380 and the standards or rules adopted pursuant to sections 260.350 to 260.434. Any person, before constructing, altering or operating a resource recovery facility in this state, shall file an application for certification. Such application shall include:

            (1) Plans, designs, engineering reports, and other relevant information as specified by rule that demonstrate that the facility is designed and will operate in a manner protective of human health and the environment; and

            (2) An application fee of not more than five hundred dollars for a facility that recovers waste generated at the same facility or an application fee of not more than one thousand dollars for a facility that recovers waste generated at off-site sources. Such fees shall be deposited in the hazardous waste fund created in section 260.391.

The department shall review such application for conformance with applicable laws, rules, and standard engineering principles and practices. The applicant shall pay to the department all reasonable costs, as determined by the commission, incurred by the department pursuant to this subsection. All such funds shall be deposited in the hazardous waste fund created in section 260.391.

            9. A license or permit shall not be issued under this chapter or chapter 308, RSMo, to any person who:

            (1) Is determined to habitually engage in or to have habitually engaged in hazardous waste management practices which pose a threat to the health of humans or the environment or who is determined by the department to habitually violate or to have habitually violated the requirements of the Missouri solid or hazardous waste laws, the solid or hazardous waste laws of other states, or federal laws pertaining to hazardous waste; or

            (2) Has been adjudged in contempt of any court order enforcing the provisions of the Missouri solid or hazardous waste laws, the solid or hazardous waste laws of other states, or federal laws pertaining to hazardous waste or who has offered, in person or through an agent, any inducement, including any discussion of potential employment opportunities, to any employee of the department when such person has an application for a permit pending or a permit under review.

For the purposes of this subsection, the term "person" shall include any officer or management employee of the applicant, or any officer or management employee of any corporation or business which owns an interest in the applicant, or any officer or management employee of any business which is owned either wholly or in part by any person, corporation, or business which owns an interest in the applicant.

            10. No person, otherwise qualified pursuant to sections 260.350 to 260.434 and chapter 308, RSMo, for a license to transport hazardous wastes or for a permit to construct, substantially alter, or operate a hazardous waste facility, shall be denied such license or permit on the basis of a lack of need for such transport service or such facility because of the existence of other services or facilities capable of meeting that need; except that permits for hazardous waste facilities may be denied on determination made by the department that the financial resources of the persons applying are such that the continued operation of the sites in accordance with sections 260.350 to 260.434 cannot be reasonably assured or on determination made by the department that the probable volume of business is insufficient to ensure and maintain the solvency of then-existing permitted hazardous waste facilities.

            11. All hazardous waste landfills constructed after October 31, 1980, shall have a leachate collection system. The rules and regulations of the commission shall treat and protect all aquifers to the same level of protection. The provisions of this subsection shall not apply to the disposal of tailings and slag resulting from mining, milling, and primary smelting operations.

            12. Any railroad corporation as defined in section 388.010, RSMo, that transports any hazardous waste as defined in section 260.360 or any hazardous substance as defined in section 260.500 shall pay an annual fee of three hundred fifty dollars. Fees collected pursuant to this subsection shall be deposited in the hazardous waste fund created in section 260.391.

            260.420. 1. [From September 28, 1977, and] Notwithstanding any other provision of sections 260.350 to [260.430] 260.434 or any other law to the contrary, upon receipt of information that any activity subject to sections 260.350 to [260.430] 260.434 may present an imminent hazard, by placing or allowing escape of any hazardous waste into the environment or exposure of people to such waste which may be cause of death, disabling personal injury, serious acute or chronic disease, or serious environmental harm, the department director or the commission may take action necessary to protect the health of humans and the environment from such hazard. The action the department director, hazardous waste management commission or the designee of the commission, and, as applicable to a hazardous waste transporter, the state highways and transportation commission may take includes, but is not limited to:

            (1) Issuing an order directing the hazardous waste generator, transporter, facility operator or any other person who is the custodian or has control of the waste, which constitutes such hazard, to eliminate such hazard. Such action may include, with respect to a site or facility, permanent or temporary cessation of operation;

            (2) Issuing an order directing a permitted commercial hazardous waste facility to treat, store or dispose of any waste cleaned up in accordance with this section;

            (3) Acquiring by purchase, donation, agreement or condemnation any lands, or rights in lands, sites, objects, or facilities necessary to protect the health of humans and the environment in accordance with sections 260.350 to [260.550] 260.552 only after it is proven cost effective and all other options have been exhausted by the hazardous waste management commission. In the event any property is condemned, then the procedures and assessment of damages shall be in accordance with chapter 523, RSMo;

            (4) Selling or leasing any property that has been cleaned up in accordance with sections 260.350 to [260.550] 260.552 so as to no longer constitute a threat to the health of people or to the environment. The proceeds of such sales or leases shall be deposited in the hazardous waste remedial fund created in section 260.480; and

            (5) Causing to be filed by the attorney general or a prosecuting attorney in the name of the people of the state of Missouri, suit for a temporary restraining order, temporary injunction or permanent injunction which action shall be given precedence over all other matters pending in the circuit courts.

            2. In any civil action brought pursuant to this section in which a temporary restraining order or temporary injunction is sought, there must be allegations of the types of injury or harm specified in these imminent hazard provisions; it shall be necessary to allege and prove at the proceeding that irreparable damage will occur and that the remedy at law is inadequate, and the temporary restraining order or temporary injunction shall not issue without such allegations and without such proof.

            3. This section shall not apply to any alleged imminent hazard that is covered by the federal Occupational Safety and Health Act, so long as the hazardous waste is contained on the site so covered. This subsection shall not prevent the department from taking action necessary to prevent escape of the hazardous waste from such site.

            260.425. 1. It is unlawful for any person to cause or permit any acts or hazardous waste management practices which violate sections 260.350 to [260.430] 260.434 or any standard, rule or regulation, order or license or permit term or condition adopted or issued hereunder. In the event the commission or the department determines that any provision of sections 260.350 to [260.430] 260.434 or any standard, rule or regulation, order or determination, or license or permit term or condition adopted or issued hereunder by the commission or the department, or any filing requirement under sections 260.350 to [260.430] 260.434 or any provision which this state is required to enforce under any federal hazardous waste management act, is being, was, or is in imminent danger of being violated, the commission or department may, in addition to other remedies under sections 260.350 to [260.430] 260.434, cause to have instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent any such violation or further violation or for the assessment of a civil penalty not to exceed ten thousand dollars per day for each day, or part thereof, the violation occurred and continues to occur, or both, as the court deems proper. A civil monetary penalty under this section shall not be assessed for a violation where an administrative penalty was assessed under section 260.412. The commission or the department may request either the attorney general or a prosecuting attorney to bring any action authorized in this section in the name of the people of the state of Missouri. Suit may be brought in any county where the defendant's principal place of business is located or was located at the time the violation occurred, or has or may cause injury or threat to the health of humans or the environment. Any offer of settlement to resolve a civil penalty under this section shall be in writing, shall state that an action for imposition of a civil penalty may be initiated by the attorney general or a prosecuting attorney representing the department under authority of this section, and shall identify any dollar amount as an offer of settlement which shall be negotiated in good faith through conference, conciliation and persuasion.

            2. Moneys received pursuant to this section which are not required by article IX, section 7, of the constitution to be distributed to schools shall be deposited in the hazardous waste fund created in section 260.391.

            3. Any person who knowingly:

            (1) Transports any hazardous waste to a facility which is not authorized to receive such waste pursuant to sections 260.350 to [260.430] 260.434 or permits or causes any other hazardous waste transportation practice in violation of any provision of sections 260.350 to [260.430] 260.434;

            (2) Treats, stores or disposes of any hazardous waste either:

            (a) Without authorization to do so pursuant to sections 260.350 to [260.430] 260.434; or

            (b) In knowing violation of any material condition or requirement of such authorization; or

            (c) In violation of any provision of sections 260.350 to [260.430] 260.434;

            (3) Makes any false material statement, representation or certification in any application, label, permit, record, report, manifest or other document filed, maintained, or required to be maintained under sections 260.350 to [260.430] 260.434;

            (4) Falsifies, tampers with, or renders inaccurate any monitoring device or result therefrom used, filed, maintained, or required to be maintained under sections 260.350 to [260.430] 260.434;

            (5) Generates, treats, stores, transports, disposes of or otherwise handles any hazardous waste, and who in connection therewith knowingly destroys, alters or conceals any record required to be maintained pursuant to sections 260.350 to [260.430] 260.434; or

            (6) Owns, maintains or operates any hazardous waste disposal facility in a manner which permits any acts or hazardous waste management practices in violation of sections 260.350 to [260.430] 260.434,

shall, upon conviction, be punished by a fine of not less than twenty-five hundred dollars nor more than twenty-five thousand dollars for each day of violation, or by confinement in the county jail for not more than one year, or by both such fine and confinement. Second and successive convictions for violation of this section shall be punished by a fine of not less than five thousand dollars nor more than fifty thousand dollars for each day of violation, or by imprisonment for not less than ten years, or by both such fine and imprisonment.

            4. Whenever the director or [his] the director's designee observes or has reason to believe any such person is violating or has violated the provisions of sections 260.350 to [260.430] 260.434 relating to hazardous waste facilities, the director or [his] the director's designee may request the sheriff or deputy sheriff of the county where the hazardous waste facility is located, or any law enforcement officer otherwise authorized by law to issue a summons, to make investigation. If the officer views any violation of sections 260.350 to [260.430] 260.434 or has probable cause to believe any violation of sections 260.350 to [260.430] 260.434 is occurring or has occurred, [he] the officer shall issue to the owner or operator a summons, in lieu of arrest, which shall state the nature of any alleged violations and shall command the owner or operator to appear in circuit court, associate division, at a stated time and place in answer thereto. If the owner or operator shall fail to appear as commanded by the summons, a warrant of arrest shall be issued.

            5. In addition to the authority granted to it under chapter 43, RSMo, the Missouri state highway patrol, any of its officers, or any other law enforcement officer[,] who has probable cause to believe that such a violation of sections 260.350 to [260.430] 260.434 or chapter 308, RSMo, has been committed may detain any equipment involved in the violation and arrest the person controlling or operating such equipment. Any such officer shall also notify the department or the [Missouri public service] state highways and transportation commission as soon as practicable, which shall, in addition, take whatever civil action [they determine] is necessary to correct or eliminate such violation or any threat to the health of humans or the environment. It shall be the duty of the Missouri state highway patrol as it pertains to highway use, and all other officers of the state of Missouri charged with enforcement of criminal law, to further the purposes of sections 260.350 to [260.430] 260.434 or chapter 308, RSMo, and to render and furnish to the department when requested all information and assistance in their possession and in their power.

            6. The liabilities which shall be imposed pursuant to any provision of sections 260.350 to [260.430] 260.434 upon persons violating the provisions of sections 260.350 to [260.430] 260.434 or any standard, rule or regulation, or license or permit term or condition adopted or issued hereunder shall not be imposed for any violation caused by a strike or an act of God, war, riot or other catastrophe.

            7. No provision of sections 260.350 to [260.430] 260.434 shall be construed to limit any action at law or in equity from being brought by any person or political subdivision aggrieved by any violation of sections 260.350 to [260.430] 260.434 nor shall any provision be construed to prohibit any person from exercising otherwise existing rights to suppress nuisances.

            287.020. 1. The word "employee" as used in this chapter shall be construed to mean every person in the service of any employer, as defined in this chapter, under any contract of hire, express or implied, oral or written, or under any appointment or election, including executive officers of corporations. Any reference to any employee who has been injured shall, when the employee is dead, also include his dependents, and other persons to whom compensation may be payable. The word "employee" shall also include all minors who work for an employer, whether or not such minors are employed in violation of law, and all such minors are hereby made of full age for all purposes under, in connection with, or arising out of this chapter. The word "employee" shall not include an individual who is the owner and operator of a motor vehicle which is leased or contracted with a driver to a for-hire common or contract motor vehicle carrier operating within a commercial zone as defined in section [390.020 or 390.041] 308.020 or 308.050, RSMo, or operating under a certificate issued by the [motor carrier and railroad safety division of the department of economic development or by the interstate commerce commission] state highways and transportation commission or the Federal Motor Carrier Safety Administration.

            2. The word "accident" as used in this chapter shall, unless a different meaning is clearly indicated by the context, be construed to mean an unexpected or unforeseen identifiable event or series of events happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury. An injury is compensable if it is clearly work related. An injury is clearly work related if work was a substantial factor in the cause of the resulting medical condition or disability. An injury is not compensable merely because work was a triggering or precipitating factor.

            3. (1) In this chapter the term "injury" is hereby defined to be an injury which has arisen out of and in the course of employment. The injury must be incidental to and not independent of the relation of employer and employee. Ordinary, gradual deterioration or progressive degeneration of the body caused by aging shall not be compensable, except where the deterioration or degeneration follows as an incident of employment.

            (2) An injury shall be deemed to arise out of and in the course of the employment only if:

            (a) It is reasonably apparent, upon consideration of all the circumstances, that the employment is a substantial factor in causing the injury; and

            (b) It can be seen to have followed as a natural incident of the work; and

            (c) It can be fairly traced to the employment as a proximate cause; and

            (d) It does not come from a hazard or risk unrelated to the employment to which workers would have been equally exposed outside of and unrelated to the employment in normal nonemployment life;

            (3) The terms "injury" and "personal injuries" shall mean violence to the physical structure of the body and to the personal property which is used to make up the physical structure of the body, such as artificial dentures, artificial limbs, glass eyes, eyeglasses, and other prostheses which are placed in or on the body to replace the physical structure and such disease or infection as naturally results therefrom. These terms shall in no case except as specifically provided in this chapter be construed to include occupational disease in any form, nor shall they be construed to include any contagious or infectious disease contracted during the course of the employment, nor shall they include death due to natural causes occurring while the worker is at work.

            4. "Death" when mentioned as a basis for the right to compensation means only death resulting from such violence and its resultant effects occurring within three hundred weeks after the accident; except that in cases of occupational disease, the limitation of three hundred weeks shall not be applicable.

            5. Without otherwise affecting either the meaning or interpretation of the abridged clause, "personal injuries arising out of and in the course of such employment", it is hereby declared not to cover workers except while engaged in or about the premises where their duties are being performed, or where their services require their presence as a part of such service.

            6. A person who is employed by the same employer for more than five and one-half consecutive work days shall for the purpose of this chapter be considered an "employee".

            7. The term "total disability" as used in this chapter shall mean inability to return to any employment and not merely mean inability to return to the employment in which the employee was engaged at the time of the accident.

            8. As used in this chapter and all acts amendatory thereof, the term "commission" shall hereafter be construed as meaning and referring exclusively to the labor and industrial relations commission of Missouri, and the term "director" shall hereafter be construed as meaning the director of the department of insurance of the state of Missouri or such agency of government as shall exercise the powers and duties now conferred and imposed upon the department of insurance of the state of Missouri.

            9. The term "division" as used in this chapter means the division of workers' compensation of the department of labor and industrial relations of the state of Missouri.

            10. For the purposes of this chapter, the term "minor" means a person who has not attained the age of eighteen years; except that, for the purpose of computing the compensation provided for in this chapter, the provisions of section 287.250 shall control.

            288.032. 1. After December 31, 1977, "employer" means:

            (1) Any employing unit which in any calendar quarter in either the current or preceding calendar year paid for service in employment wages of one thousand five hundred dollars or more except that for the purposes of this definition, wages paid for "agricultural labor" as defined in paragraph (a) of subdivision (1) of subsection 12 of section 288.034 and for "domestic services" as defined in subdivisions (2) and [(12)] (13) of subsection 12 of section 288.034 shall not be considered;

            (2) Any employing unit which for some portion of a day in each of twenty different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, had in employment at least one individual (irrespective of whether the same individual was in employment in each such day); except that for the purposes of this definition, services performed in "agricultural labor" as defined in paragraph (a) of subdivision (1) of subsection 12 of section 288.034 and in "domestic services" as defined in subdivisions (2) and [(12)] (13) of subsection 12 of section 288.034 shall not be considered;

            (3) Any governmental entity for which service in employment as defined in subsection 7 of section 288.034 is performed;

            (4) Any employing unit for which service in employment as defined in subsection 8 of section 288.034 is performed during the current or preceding calendar year;

            (5) Any employing unit for which service in employment as defined in paragraph (b) of subdivision (1) of subsection 12 of section 288.034 is performed during the current or preceding calendar year;

            (6) Any employing unit for which service in employment as defined in subsection 13 of section 288.034 is performed during the current or preceding calendar year;

            (7) Any individual, type of organization or employing unit which has been determined to be a successor pursuant to section 288.110;

            (8) Any individual, type of organization or employing unit which has elected to become subject to this law pursuant to subdivision (1) of subsection 3 of section 288.080;

            (9) Any individual, type of organization or employing unit which, having become an employer, has not pursuant to section 288.080 ceased to be an employer;

            (10) Any employing unit subject to the Federal Unemployment Tax Act or which, as a condition for approval of this law for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required, pursuant to such act, to be an employer pursuant to this law.             2. (1) Notwithstanding any other provisions of this law, any employer, individual, organization, partnership, corporation, other legal entity or employing unit that meets the definition of "lessor employing unit", as defined in subdivision (5) of this subsection, shall be liable for contributions on wages paid by the lessor employing unit to individuals performing services for client lessees of the lessor employing unit. Unless the lessor employing unit has timely complied with the provisions of subdivision (3) of this subsection, any employer, individual, organization, partnership, corporation, other legal entity or employing unit which is leasing individuals from any lessor employing unit shall be jointly and severally liable for any unpaid contributions, interest and penalties due pursuant to this law from any lessor employing unit attributable to wages for services performed for the client lessee entity by individuals leased to the client lessee entity, and the lessor employing unit shall keep separate records and submit separate quarterly contribution and wage reports for each of its client lessee entities. Delinquent contributions, interest and penalties shall be collected in accordance with the provisions of this chapter.

            (2) Notwithstanding the provisions of subdivision (1) of this subsection, any governmental entity or nonprofit organization that meets the definition of "lessor employing unit", as defined in subdivision (5) of this subsection, and has elected to become liable for payments in lieu of contributions as provided in subsection 3 of section 288.090, shall pay the division payments in lieu of contributions, interest, penalties and surcharges in accordance with section 288.090 on benefits paid to individuals performing services for the client lessees of the lessor employing unit. If the lessor employing unit has not timely complied with the provisions of subdivision (3) of this subsection, any client lessees with services attributable to and performed for the client lessees shall be jointly and severally liable for any unpaid payments in lieu of contributions, interest, penalties and surcharges due pursuant to this law. The lessor employing unit shall keep separate records and submit separate quarterly contribution and wage reports for each of its client lessees. Delinquent payments in lieu of contributions, interest, penalties and surcharges shall be collected in accordance with subsection 3 of section 288.090. The election to be liable for payments in lieu of contributions made by a governmental entity or nonprofit organization meeting the definition of "lessor employing unit", may be terminated by the division in accordance with subsection 3 of section 288.090.

            (3) In order to relieve a client lessees from joint and several liability and the separate reporting requirements imposed pursuant to this subsection, any lessor employing unit may post and maintain a surety bond issued by a corporate surety authorized to do business in Missouri in an amount equivalent to the contributions or payments in lieu of contributions for which the lessor employing unit was liable in the last calendar year in which he or she accrued contributions or payments in lieu of contributions, or one hundred thousand dollars, whichever amount is the greater, to ensure prompt payment of contributions or payments in lieu of contributions, interest, penalties and surcharges for which the lessor employing unit may be, or becomes, liable pursuant to this law. In lieu of a surety bond, the lessor employing unit may deposit in a depository designated by the director, securities with marketable value equivalent to the amount required for a surety bond. The securities so deposited shall include authorization to the director to sell any securities in an amount sufficient to pay any contributions or payments in lieu of contributions, interest, penalties and surcharges which the lessor employing unit fails to promptly pay when due. In lieu of a surety bond or securities as described in this subdivision, any lessor employing unit may provide the director with an irrevocable letter of credit, as defined in section [400.5-103] 400.5-102, RSMo, issued by any state or federally chartered financial institution, in an amount equivalent to the amount required for a surety bond as described in this subdivision. In lieu of a surety bond, securities or an irrevocable letter of credit, a lessor employing unit may obtain a certificate of deposit issued by any state or federally chartered financial institution, in an amount equivalent to the amount required for a surety bond as described in this subdivision. The certificate of deposit shall be pledged to the director until release by the director. As used in this subdivision, the term "certificate of deposit" means a certificate representing any deposit of funds in a state or federally chartered financial institution for a specified period of time which earns interest at a fixed or variable rate, where such funds cannot be withdrawn prior to a specified time without forfeiture of some or all of the earned interest.

            (4) Any lessor employing unit which is currently engaged in the business of leasing individuals to client lessees shall comply with the provisions of subdivision (3) of this subsection by September 28, 1992. Lessor employing units not currently engaged in the business of leasing individuals to client lessees shall comply with subdivision (3) of this subsection before entering into a written lease agreement with client lessees.

            (5) As used in this subsection, the term "lessor employing unit" means an independently established business entity, governmental entity as defined in subsection 1 of section 288.030 or nonprofit organization as defined in subsection 3 of section 288.090 which, pursuant to a written lease agreement between the lessor employing unit and the client lessees, engages in the business of providing individuals to any other employer, individual, organization, partnership, corporation, other legal entity or employing unit referred to in this subsection as a client lessee.             (6) The provisions of this subsection shall not be applicable to private employment agencies who provide their employees to employers on a temporary help basis provided the private employment agencies are liable as employers for the payment of contributions on wages paid to temporary workers so employed.

            3. After September 30, 1986, notwithstanding any provision of section 288.034, for the purpose of this law, in no event shall a for-hire motor carrier as regulated by the [Missouri division of motor carrier and railroad safety] state highways and transportation commission or whose operations are confined to a commercial zone be determined to be the employer of a lessor as defined in section 288.030 or of a driver receiving remuneration from a lessor, provided, however, the term "for-hire motor carrier" shall in no event include an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or any governmental entity.

            4. The owner or operator of a beauty salon or similar establishment shall not be determined to be the employer of a person who utilizes the facilities of the owner or operator but who receives neither salary, wages or other compensation from the owner or operator and who pays the owner or operator rent or other payments for the use of the facilities.

            288.035. Notwithstanding the provisions of section 288.034, [RSMo,] in the case of an individual who is the owner and operator of a motor vehicle which is leased or contracted with driver to a for-hire common or contract motor vehicle carrier operating within a commercial zone as defined in section [390.020 or 390.041] 308.020 or 308.050, RSMo, or operating under a certificate issued by the [motor carrier and railroad safety division of the department of economic development under the provisions of this chapter or by the interstate commerce commission] state highways and transportation commission pursuant to chapter 308, RSMo, or the Federal Motor Carrier Safety Administration, such owner/operator shall not be deemed to be an employee, provided, however, such individual owner and operator shall be deemed to be in employment if the for-hire common or contract vehicle carrier is an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or any governmental entity.

            301.010. As used in this chapter and sections 304.010 to 304.040, 304.120 to 304.260, RSMo, and sections 307.010 to [307.175] 307.178, RSMo, the following terms mean:

            (1) "All-terrain vehicle", any motorized vehicle manufactured and used exclusively for off-highway use which is fifty inches or less in width, with an unladen dry weight of six hundred pounds or less, traveling on three, four or more low pressure tires, with a seat designed to be straddled by the operator, and handlebars for steering control;

            (2) "Automobile transporter", any vehicle combination designed and used specifically for the transport of assembled motor vehicles;

            (3) "Axle load", the total load transmitted to the road by all wheels whose centers are included between two parallel transverse vertical planes forty inches apart, extending across the full width of the vehicle;

            (4) "Boat transporter", any vehicle combination designed and used specifically to transport assembled boats and boat hulls;

            (5) "Body shop", a business that repairs physical damage on motor vehicles that are not owned by the shop or its officers or employees by mending, straightening, replacing body parts, or painting;

            (6) "Bus", a motor vehicle primarily for the transportation of a driver and eight or more passengers but not including shuttle buses;

            (7) "Commercial motor vehicle", a motor vehicle designed or regularly used for carrying freight and merchandise, or more than eight passengers but not including vanpools or shuttle buses;

            (8) "Cotton trailer", a trailer designed and used exclusively for transporting cotton at speeds less than forty miles per hour from field to field or from field to market and return;

            (9) "Dealer", any person, firm, corporation, association, agent or subagent engaged in the sale or exchange of new, used or reconstructed motor vehicles or trailers;

            (10) "Director" or "director of revenue", the director of the department of revenue;

            (11) "Driveaway operation", the movement of a motor vehicle or trailer by any person or motor carrier other than a dealer over any public highway, under its own power singly, or in a fixed combination of two or more vehicles, for the purpose of delivery for sale or for delivery either before or after sale;

            (12) "Dromedary", a box, deck, or plate mounted behind the cab and forward of the fifth wheel on the frame of the power unit of a truck tractor-semitrailer combination. A truck tractor equipped with a dromedary may carry part of a load when operating independently or in a combination with a semitrailer;

            (13) "Farm tractor", a tractor used exclusively for agricultural purposes;

            (14) "Fleet", any group of ten or more motor vehicles owned by the same owner;

            (15) "Fleet vehicle", a motor vehicle which is included as part of a fleet;

            (16) "Fullmount", a vehicle mounted completely on the frame of either the first or last vehicle in a saddlemount combination;

            (17) "Gross weight", the weight of vehicle and/or vehicle combination without load, plus the weight of any load thereon;

            (18) "Hail-damaged vehicle", any vehicle, the body of which has become dented as the result of the impact of hail;

            (19) "Highway", any public thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways or alleys in any municipality;

            (20) "Improved highway", a highway which has been paved with gravel, macadam, concrete, brick or asphalt, or surfaced in such a manner that it shall have a hard, smooth surface;

            (21) "Intersecting highway", any highway which joins another, whether or not it crosses the same;

            (22) "Junk vehicle", a vehicle which is incapable of operation or use upon the highways and has no resale value except as a source of parts or scrap, and shall not be titled or registered;

            (23) "Kit vehicle", a motor vehicle assembled by a person other than a generally recognized manufacturer of motor vehicles by the use of a glider kit or replica purchased from an authorized manufacturer and accompanied by a manufacturer's statement of origin;

            (24) "Land improvement contractors' commercial motor vehicle", any not-for-hire commercial motor vehicle the operation of which is confined to:

            (a) An area that extends not more than a radius of one hundred miles from its home base of operations when transporting its owner's machinery, equipment, or auxiliary supplies to or from projects involving soil and water conservation, or to and from equipment dealers' maintenance facilities for maintenance purposes; or

            (b) An area that extends not more than a radius of twenty-five miles from its home base of operations when transporting its owner's machinery, equipment, or auxiliary supplies to or from projects not involving soil and water conservation. Nothing in this subdivision shall be construed to prevent any motor vehicle from being registered as a commercial motor vehicle or local commercial motor vehicle;

            (25) "Local commercial motor vehicle", a commercial motor vehicle whose operations are confined solely to a municipality and that area extending not more than fifty miles therefrom, or a commercial motor vehicle whose property-carrying operations are confined solely to the transportation of property owned by any person who is the owner or operator of such vehicle to or from a farm owned by such person or under the person's control by virtue of a landlord and tenant lease; provided that any such property transported to any such farm is for use in the operation of such farm;

            (26) "Local log truck", a commercial motor vehicle which is registered pursuant to this chapter to operate as a motor vehicle on the public highways of this state, used exclusively in this state, used to transport harvested forest products, operated solely at a forested site and in an area extending not more than a fifty-mile radius from such site, carries a load with dimensions not in excess of twenty-five cubic yards per two axles with dual wheels, and is not operated on the national system of interstate and defense highways described in Title 23, Section 103(e) of the United States Code, does not have more than four axles and does not pull a trailer which has more than two axles. A local log truck may not exceed the limits required by law, however, if the truck does exceed such limits as determined by the inspecting officer, then notwithstanding any other provisions of law to the contrary, such truck shall be subject to the weight limits required by such sections as licensed for eighty thousand pounds;

            (27) "Local transit bus", a bus whose operations are confined wholly within a municipal corporation, or wholly within a municipal corporation and a commercial zone, as defined in section [390.020] 308.020, RSMo, adjacent thereto, forming a part of a public transportation system within such municipal corporation and such municipal corporation and adjacent commercial zone;

            (28) "Log truck", a vehicle which is not a local log truck and is used exclusively to transport harvested forest products to and from forested sites which is registered pursuant to this chapter to operate as a motor vehicle on the public highways of this state for the transportation of harvested forest products;

            (29) "Major component parts", the rear clip, cowl, frame, body, cab, front-end assembly, and front clip, as those terms are defined by the director of revenue pursuant to rules and regulations or by illustrations;

            (30) "Manufacturer", any person, firm, corporation or association engaged in the business of manufacturing or assembling motor vehicles, trailers or vessels for sale;

            (31) "Mobile scrap processor", a business located in Missouri or any other state that comes onto a salvage site and crushes motor vehicles and parts for transportation to a shredder or scrap metal operator for recycling;

            (32) "Motor change vehicle", a vehicle manufactured prior to August, 1957, which receives a new, rebuilt or used engine, and which used the number stamped on the original engine as the vehicle identification number;

            (33) "Motor vehicle", any self-propelled vehicle not operated exclusively upon tracks, except farm tractors;

            (34) "Motor vehicle primarily for business use", any vehicle other than a recreational motor vehicle, motorcycle, motortricycle, or any commercial motor vehicle licensed for over twelve thousand pounds:

            (a) Offered for hire or lease; or

            (b) The owner of which also owns ten or more such motor vehicles;

            (35) "Motorcycle", a motor vehicle operated on two wheels;

            (36) "Motorized bicycle", any two-wheeled or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty cubic centimeters, which produces less than three gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than thirty miles per hour on level ground;

            (37) "Motortricycle", a motor vehicle operated on three wheels, including a motorcycle while operated with any conveyance, temporary or otherwise, requiring the use of a third wheel. A motortricycle shall not be included in the definition of all-terrain vehicle;

            (38) "Municipality", any city, town or village, whether incorporated or not;

            (39) "Nonresident", a resident of a state or country other than the state of Missouri;

            (40) "Non-USA-std motor vehicle", a motor vehicle not originally manufactured in compliance with United States emissions or safety standards;

            (41) "Operator", any person who operates or drives a motor vehicle;

            (42) "Owner", any person, firm, corporation or association, who holds the legal title to a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this law;

            (43) "Public garage", a place of business where motor vehicles are housed, stored, repaired, reconstructed or repainted for persons other than the owners or operators of such place of business;

            (44) "Rebuilder", a business that repairs or rebuilds motor vehicles owned by the rebuilder, but does not include certificated common or contract carriers of persons or property;

            (45) "Reconstructed motor vehicle", a vehicle that is altered from its original construction by the addition or substitution of two or more new or used major component parts, excluding motor vehicles made from all new parts, and new multistage manufactured vehicles;

            (46) "Recreational motor vehicle", any motor vehicle designed, constructed or substantially modified so that it may be used and is used for the purposes of temporary housing quarters, including therein sleeping and eating facilities which are either permanently attached to the motor vehicle or attached to a unit which is securely attached to the motor vehicle. Nothing herein shall prevent any motor vehicle from being registered as a commercial motor vehicle if the motor vehicle could otherwise be so registered;

            (47) "Rollback or car carrier", any vehicle specifically designed to transport wrecked, disabled or otherwise inoperable vehicles, when the transportation is directly connected to a wrecker or towing service;

            (48) "Saddlemount combination", a combination of vehicles in which a truck or truck tractor tows one or more trucks or truck tractors, each connected by a saddle to the frame or fifth wheel of the vehicle in front of it. The "saddle" is a mechanism that connects the front axle of the towed vehicle to the frame or fifth wheel of the vehicle in front and functions like a fifth wheel kingpin connection. When two vehicles are towed in this manner the combination is called a double saddlemount combination. When three vehicles are towed in this manner, the combination is called a triple saddlemount combination;

            (49) "Salvage dealer and dismantler", a business that dismantles used motor vehicles for the sale of the parts thereof, and buys and sells used motor vehicle parts and accessories;

            (50) "Salvage vehicle", a motor vehicle, semitrailer or house trailer which, by reason of condition or circumstance, has been declared salvage, either by its owner, or by a person, firm, corporation, or other legal entity exercising the right of security interest in it, or by an insurance company as a result of settlement of a claim for loss due to damage or theft; or a vehicle, ownership of which is evidenced by a salvage title; or abandoned property which is titled pursuant to section 304.155, RSMo, or section 304.157, RSMo, and designated with the words "salvage/abandoned property";

            (51) "School bus", any motor vehicle used solely to transport students to or from school or to transport students to or from any place for educational purposes;

            (52) "Shuttle bus", a motor vehicle used or maintained by any person, firm, or corporation as an incidental service to transport patrons or customers of the regular business of such person, firm, or corporation to and from the place of business of the person, firm, or corporation providing the service at no fee or charge. Shuttle buses shall not be registered as buses or as commercial motor vehicles;

            (53) "Special mobile equipment", every self-propelled vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including farm equipment, implements of husbandry, road construction or maintenance machinery, ditch-digging apparatus, stone crushers, air compressors, power shovels, cranes, graders, rollers, well-drillers and wood-sawing equipment used for hire, asphalt spreaders, bituminous mixers, bucket loaders, ditchers, leveling graders, finished machines, motor graders, road rollers, scarifiers, earth-moving carryalls, scrapers, drag lines, concrete pump trucks, rock-drilling and earth-moving equipment. This enumeration shall be deemed partial and shall not operate to exclude other such vehicles which are within the general terms of this section;

            (54) "Specially constructed motor vehicle", a motor vehicle which shall not have been originally constructed under a distinctive name, make, model or type by a manufacturer of motor vehicles. The term "specially constructed motor vehicle" includes kit vehicles;

            (55) "Stinger-steered combination", a truck tractor-semitrailer wherein the fifth wheel is located on a drop frame located behind and below the rearmost axle of the power unit;

            (56) "Tandem axle", a group of two or more axles, arranged one behind another, the distance between the extremes of which is more than forty inches and not more than ninety-six inches apart;

            (57) "Tractor", "truck tractor" or "truck-tractor", a self-propelled motor vehicle designed for drawing other vehicles, but not for the carriage of any load when operating independently. When attached to a semitrailer, it supports a part of the weight thereof;

            (58) "Trailer", any vehicle without motive power designed for carrying property or passengers on its own structure and for being drawn by a self-propelled vehicle, except those running exclusively on tracks, including a semitrailer or vehicle of the trailer type so designed and used in conjunction with a self-propelled vehicle that a considerable part of its own weight rests upon and is carried by the towing vehicle. The term "trailer" shall not include cotton trailers as defined in subdivision (8) of this section and shall not include manufactured homes as defined in section 700.010, RSMo;

            (59) "Truck", a motor vehicle designed, used, or maintained for the transportation of property;

            (60) "Truck-tractor semitrailer-semitrailer", a combination vehicle in which the two trailing units are connected with a B-train assembly which is a rigid frame extension attached to the rear frame of a first semitrailer which allows for a fifth-wheel connection point for the second semitrailer and has one less articulation point than the conventional "A dolly" connected truck-tractor semitrailer-trailer combination;

            (61) "Truck-trailer boat transporter combination", a boat transporter combination consisting of a straight truck towing a trailer using typically a ball and socket connection with the trailer axle located substantially at the trailer center of gravity rather than the rear of the trailer but so as to maintain a downward force on the trailer tongue;

            (62) "Used parts dealer", a business that buys and sells used motor vehicle parts or accessories, but not including a business that sells only new, remanufactured or rebuilt parts. "Business" does not include isolated sales at a swap meet of less than three days;

            (63) "Vanpool", any van or other motor vehicle used or maintained by any person, group, firm, corporation, association, city, county or state agency, or any member thereof, for the transportation of not less than eight nor more than forty-eight employees, per motor vehicle, to and from their place of employment; however, a vanpool shall not be included in the definition of the term "bus" or "commercial motor vehicle" as defined by subdivisions (6) and (7) of this section, [nor shall a vanpool driver be deemed a "chauffeur" as that term is defined by section 302.010, RSMo;] nor shall use of a vanpool vehicle for ride-sharing arrangements, recreational, personal, or maintenance uses constitute an unlicensed use of the motor vehicle, unless used for monetary profit other than for use in a ride-sharing arrangement;

            (64) "Vehicle", any mechanical device on wheels, designed primarily for use, or used, on highways, except motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, or cotton trailers or motorized wheelchairs operated by handicapped persons;

            (65) "Wrecker" or "tow truck", any emergency commercial vehicle equipped, designed and used to assist or render aid and transport or tow disabled or wrecked vehicles from a highway, road, street or highway rights-of-way to a point of storage or repair, including towing a replacement vehicle to replace a disabled or wrecked vehicle;

            (66) "Wrecker or towing service", the act of transporting, towing or recovering with a wrecker, tow truck, rollback or car carrier any vehicle not owned by the operator of the wrecker, tow truck, rollback or car carrier for which the operator directly or indirectly receives compensation or other personal gain.

            301.025. 1. No state registration license to operate any motor vehicle in this state shall be issued unless the application for license of a motor vehicle or trailer is accompanied by a tax receipt for the tax year which immediately precedes the year in which the vehicle's or trailer's registration is due and which reflects that all taxes, including delinquent taxes from prior years, have been paid, or a statement certified by the county or township collector of the county or township in which the applicant's property was assessed showing that the state and county tangible personal property taxes for such previous tax year and all delinquent taxes due have been paid by the applicant or that no such taxes were due or, if the applicant is not a resident of this state and serving in the armed forces of the United States, the application is accompanied by a leave and earnings statement from such person verifying such status. In the event the registration is a renewal of a registration made two or three years previously, the application shall be accompanied by proof that taxes were not due or have been paid for the two or three years which immediately precede the year in which the motor vehicle's or trailer's registration is due. The county or township collector shall not be required to issue a receipt for the immediately preceding tax year until all personal property taxes, including all delinquent taxes currently due, are paid. If the applicant was a resident of another county of this state in the applicable preceding years, he or she must submit to the collector in the county or township of residence proof that the personal property tax was paid in the applicable tax years. Every county and township collector shall give each person a tax receipt or a certified statement of tangible personal property taxes paid. The receipt issued by the county collector in any county of the first classification with a charter form of government which contains part of a city with a population of at least three hundred fifty thousand inhabitants which is located in more than one county, any county of the first classification without a charter form of government with a population of at least one hundred fifty thousand inhabitants which contains part of a city with a population of at least three hundred fifty thousand inhabitants which is located in more than one county and any county of the first classification without a charter form of government with a population of at least one hundred ten thousand but less than one hundred fifty thousand inhabitants shall be determined null and void if the person paying tangible personal property taxes issues or passes a check or other similar sight order which is returned to the collector because the account upon which the check or order was drawn was closed or did not have sufficient funds at the time of presentation for payment by the collector to meet the face amount of the check or order. The collector may assess and collect in addition to any other penalty or interest that may be owed, a penalty of ten dollars or five percent of the total amount of the returned check or order whichever amount is greater to be deposited in the county general revenue fund, but in no event shall such penalty imposed exceed one hundred dollars. The collector may refuse to accept any check or other similar sight order in payment of any tax currently owed plus penalty or interest from a person who previously attempted to pay such amount with a check or order that was returned to the collector unless the remittance is in the form of a cashier's check, certified check or money order. If a person does not comply with the provisions of this section, a tax receipt issued pursuant to this section is null and void and no state registration license shall be issued or renewed. Where no such taxes are due each such collector shall, upon request, certify such fact and transmit such statement to the person making the request. Each receipt or statement shall describe by type the total number of motor vehicles on which personal property taxes were paid, and no renewal of any state registration license shall be issued to any person for a number greater than that shown on his or her tax receipt or statement except for a vehicle which was purchased without another vehicle being traded therefor, or for a vehicle previously registered in another state, provided the application for title or other evidence shows that the date the vehicle was purchased or was first registered in this state was such that no personal property tax was owed on such vehicle as of the date of the last tax receipt or certified statement prior to the renewal. The director of revenue shall make necessary rules and regulations for the enforcement of this section, and shall design all necessary forms. If electronic data is not available, residents of counties with a township form of government and with township collectors shall present personal property tax receipts which have been paid for the preceding two years when registering under this section.

            2. Every county collector in counties with a population of over six hundred thousand and less than nine hundred thousand shall give priority to issuing tax receipts or certified statements pursuant to this section for any person whose motor vehicle registration expires in January. Such collector shall send tax receipts or certified statements for personal property taxes for the previous year within three days to any person who pays the person's personal property tax in person, and within twenty working days[,] if the payment is made by mail. Any person wishing to have priority pursuant to this subsection shall notify the collector at the time of payment of the property taxes that a motor vehicle registration expires in January. Any person purchasing a new vehicle in December and licensing such vehicle in January of the following year[,] may use the personal property tax receipt of the prior year as proof of payment.

            3. In addition to all other requirements, the director of revenue and the state highways and transportation commission shall not register any vehicle subject to the heavy vehicle use tax imposed by Section 4481 of the Internal Revenue Code of 1954 unless the applicant presents proof of payment, or that such tax is not owing, in such form as may be prescribed by the United States Secretary of the Treasury. No proof of payment of such tax shall be required by the director until the form for proof of payment has been prescribed by the Secretary of the Treasury.             4. [Beginning July 1, 2000,] A county or township collector may notify, by ordinary mail, any owner of a motor vehicle for which personal property taxes have not been paid that if full payment is not received within thirty days the collector may notify the director of revenue to suspend the motor vehicle registration for such vehicle. Any notification returned to the collector by the post office shall not result in the notification to the director of revenue for suspension of a motor vehicle registration. Thereafter, if the owner fails to timely pay such taxes the collector may notify the director of revenue of such failure. Such notification shall be on forms designed and provided by the department of revenue and shall list the motor vehicle owner's full name, including middle initial, the owner's address, and the year, make, model and vehicle identification number of such motor vehicle. Upon receipt of this notification the director of revenue may provide notice of suspension of motor vehicle registration to the owner at the owner's last address shown on the records of the department of revenue. Any suspension imposed may remain in effect until the department of revenue receives notification from a county or township collector that the personal property taxes have been paid in full. Upon the owner furnishing proof of payment of such taxes and paying a twenty dollar reinstatement fee to the director of revenue the motor vehicle or vehicles registration shall be reinstated. In the event a motor vehicle registration is suspended for nonpayment of personal property tax the owner so aggrieved may appeal to the circuit court of the county of his or her residence for review of such suspension at any time within thirty days after notice of motor vehicle registration suspension. Upon such appeal the cause shall be heard de novo in the manner provided by chapter 536, RSMo, for the review of administrative decisions. The circuit court may order the director to reinstate such registration, sustain the suspension of registration by the director or set aside or modify such suspension. Appeals from the judgment of the circuit court may be taken as in civil cases. The prosecuting attorney of the county where such appeal is taken shall appear in behalf of the director, and prosecute or defend, as the case may require.

            5. 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 shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, 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, 2000, shall be invalid and void.

            301.030. 1. The director shall provide for the retention of license plates by the owners of motor vehicles, other than commercial motor vehicles, and shall establish a system of registration on a monthly series basis to distribute the work of registering motor vehicles as uniformly as practicable throughout the twelve months of the calendar year. For the purpose of assigning license plate numbers, each type of motor vehicle shall be considered a separate class. [Commencing July 1, 1949,] Motor vehicles, other than commercial motor vehicles, shall be registered for a period of twelve consecutive calendar months. There are established twelve registration periods, each of which shall start on the first day of each calendar month of the year and shall end on the last date of the twelfth month from the date of beginning.

            2. Motor vehicles, other than commercial motor vehicles, operated for the first time upon the public highways of this state, to and including the fifteenth day of any given month, shall be subject to registration and payment of a fee for the twelve-month period commencing the first day of the month of such operation; motor vehicles, other than commercial motor vehicles, operated for the first time on the public highways of this state after the fifteenth day of any given month shall be subject to registration and payment of a fee for the twelve-month period commencing the first day of the next following calendar month.

            3. All commercial motor vehicles and trailers, except those licensed under section 301.035 and those operated under agreements as provided for in [sections 301.271 to 301.279] chapter 308, RSMo, shall be registered either on a calendar year basis or on a prorated basis as provided in this section. The fees for commercial motor vehicles, trailers, semitrailers, and driveaway vehicles, other than those to be operated under agreements as provided for in [sections 301.271 to 301.279] chapter 308, RSMo, shall be payable not later than the last day of February of each year, except when such vehicle is licensed between April first and July first the fee shall be three-fourths the annual fee, when licensed between July first and October first the fee shall be one-half the annual fee and when licensed on or after October first the fee shall be one-fourth the annual fee. Such license plates shall be made with fully reflective material with a common color scheme and design, shall be clearly visible at night, [and shall be aesthetically attractive,] as prescribed by section 301.130. Local commercial motor vehicle license plates shall also be so stamped, marked or designed as to indicate they are to be used only on local commercial motor vehicles and, in addition to such stamp, mark or design, the letter "F" shall also be displayed on local commercial motor vehicle license plates issued to motor vehicles used for farm or farming transportation operations as defined in section 301.010 in the manner prescribed by the advisory committee established in section 301.129. In addition, all commercial motor vehicle license plates shall be so stamped or marked with a letter, figure or other emblem as to indicate the gross weight for which issued.

            4. The director shall, upon application, issue registration and license plates for nine thousand pounds gross weight for property-carrying commercial motor vehicles referred to herein, upon payment of the fees prescribed for twelve thousand pounds gross weight as provided in section 301.057.

            301.057. The annual registration fee for property-carrying commercial motor vehicles[,] registered pursuant to this chapter or chapter 308, RSMo, but not including property-carrying local commercial motor vehicles, or land improvement contractors' commercial motor vehicles, based on gross weight is:

 6,000 pounds and under . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25.50

 6,001 pounds to 9,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38.00

 9,001 pounds to 12,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  38.00

 12,001 pounds to 18,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63.00

 18,001 pounds to 24,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.50

 24,001 pounds to 26,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .127.00

 26,001 pounds to 30,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .180.00

 30,001 pounds to 36,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .275.50

 36,001 pounds to 42,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .413.00

 42,001 pounds to 48,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .550.50

 48,001 pounds to 54,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .688.00

54,001 pounds to 60,010 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 825.50

 60,011 pounds to 66,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  1,100.50

 66,001 pounds to 73,280 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,375.50

 73,281 pounds to 78,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  1,650.50

 78,001 pounds to 80,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  1,719.50

            301.059. The annual registration fee for passenger-carrying commercial motor vehicles registered pursuant to this chapter or chapter 308, RSMo, (not including passenger-carrying local commercial motor vehicles, school buses or local transit buses) based on seating capacity is:

10 passengers or less. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 100.50

11 to 18 passengers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  180.50

19 to 25 passengers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  250.50

26 to 29 passengers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  290.50

30 to 33 passengers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  330.50

34 to 37 passengers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  370.50

38 to 41 passengers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  410.50

42 [to 45] or more passengers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450.50

            301.067. 1. For each trailer or semitrailer there shall be paid an annual fee of seven dollars fifty cents, and in addition thereto such permit fee authorized by law against trailers used in combination with tractors operated under the supervision of the [motor carrier and railroad safety division of the department of economic development] state highways and transportation commission. The fees for tractors used in any combination with trailers or semitrailers or both trailers and semitrailers (other than on passenger-carrying trailers or semitrailers) shall be computed on the total gross weight of the vehicles in the combination with load.

            2. Any trailer or semitrailer may at the option of the registrant be registered for a period of three years upon payment of a registration fee of twenty-two dollars and fifty cents.

            3. Any trailer or semitrailer which is operated coupled to a towing vehicle by a fifth wheel and kingpin assembly or by a trailer converter dolly may, at the option of the registrant, be registered permanently upon the payment of a registration fee of fifty-two dollars and fifty cents. The permanent plate and registration fee is vehicle specific. The plate and the registration fee paid is nontransferable and nonrefundable, except those covered under the provisions of section 301.442.

            301.090. All fees for the registration of motor vehicles, trailers, certificates of title and motorcycles provided for [herein] in this chapter and chapter 308, RSMo, shall be collected by the director of revenue or the state highways and transportation commission and deposited with the state treasurer to the credit of the state [highway] highways and transportation department fund.

            301.121. 1. When the owner of a commercial motor vehicle registered in excess of fifty-four thousand pounds returns the license plates to the [director of revenue] appropriate official as provided in section 301.120, but not for a license suspension or revocation, the owner shall receive a refund or credit of any pro rata amount to be determined by the calendar quarters remaining before expiration of the license plates. Such refund or credit shall be granted based upon the date the license plates are surrendered [to the director of revenue]. Any credit or refund may be applied toward any subsequent application for a Missouri registration only if a commercial motor vehicle. Any refunded portion of a registration fee which was distributed according to the provisions of article IV, section 30(b) of the Constitution of Missouri shall be refunded proportionately from state, city and county funds.

            2. Pursuant to chapter 308, RSMo, when the owner of a commercial motor vehicle registered in excess of fifty-four thousand pounds returns the license plate or plates to the appropriate official in the state where the license plate for the commercial motor vehicle was issued, a refund or credit shall be issued [by the director of revenue] as provided in subsection 1 of this section. If the refund is to come from moneys previously transferred to another state by this state as a result of a reciprocity agreement, such refund [by the director of revenue] may only be made upon return of such previously transferred moneys [from that state to the director]. If such moneys are not returned by that state, such refund will not be made.

            301.130. 1. The director of revenue, upon receipt of a proper application for registration, required fees and any other information which may be required by law, shall issue to the applicant a certificate of registration in such manner and form as the director of revenue may prescribe and a set of license plates, or other evidence of registration, as provided herein. Each set of license plates shall bear the name or abbreviated name of this state, the words "SHOW-ME STATE", the month and year in which the registration shall expire, and an arrangement of numbers or letters, or both, as shall be assigned from year to year by the director of revenue. Special plates for qualified disabled veterans will have the "DISABLED VETERAN" wording on the license plates in preference to the words "SHOW-ME STATE" and special plates for members of the national guard will have the "NATIONAL GUARD" wording in preference to the words "SHOW-ME STATE".

            2. The arrangement of letters and numbers of license plates shall be uniform throughout each classification of registration.

            3. The background of all license plates, or the letters and numerals thereof, shall be coated with a material which will reflect the lights of other vehicles. The nature and specifications of this material shall be determined after a public hearing by the director of revenue, director of prison industries, and superintendent of the state highway patrol, and shall meet the standards established by the state [transportation] department of transportation.

            4. Figures on license plates, except those which may be used to designate gross weights for which commercial motor vehicles are registered, shall not be less than three inches in height and the strokes thereof not less than five-sixteenths of an inch in width. In the case of motorcycles and motortricycles, the letters and figures shall be not less than one inch in height and the strokes thereof one-eighth of an inch in width. The director may provide for the arrangement of the numbers in groups or otherwise, and for other distinguishing marks on the plates.

            5. All property-carrying commercial motor vehicles to be registered at a gross weight in excess of twelve thousand pounds, all passenger-carrying commercial motor vehicles, local transit buses, school buses, trailers, semitrailers, motorcycles, motortricycles, motorscooters and driveaway vehicles shall be registered with the director of revenue as provided for in subsection 3 of section 301.030, or if applicable, shall register with the state highways and transportation commission pursuant to chapter 308, RSMo, but only one license plate shall be issued for each such vehicle.

            6. The plates issued to manufacturers and dealers shall bear the letter "D" preceding the number, and the director may place upon the plates other letters or marks to distinguish commercial motor vehicles and trailers and other types of motor vehicles.

            7. No motor vehicle or trailer shall be operated on any highway of this state unless it shall have displayed thereon the license plate or set of license plates issued by the director of revenue and authorized by section 301.140 or issued by the state highways and transportation commission pursuant to chapter 308, RSMo. Each such plate shall be securely fastened to the motor vehicle in a manner so that all parts thereof shall be plainly visible and reasonably clean so that the reflective qualities thereof are not impaired. License plates shall be fastened to all motor vehicles except trucks, tractors, truck tractors or truck-tractors licensed in excess of twelve thousand pounds on the front and rear of such vehicles not less than eight nor more than forty-eight inches above the ground, with the letters and numbers thereon right side up. The license plates on trailers, motorcycles, motortricycles and motorscooters shall be displayed on the rear of such vehicles, with the letters and numbers thereon right side up. The license plate on trucks, tractors, truck tractors or truck-tractors licensed in excess of twelve thousand pounds shall be displayed on the front of such vehicles not less than eight nor more than forty-eight inches above the ground, with the letters and numbers thereon right side up. The license plate or plates authorized by section 301.140, when properly attached, shall be prima facie evidence that the required fees have been paid.

            8. (1) The director of revenue shall issue annually a tab or set of tabs as evidence of the annual payment of registration fees and the current registration of a vehicle in lieu of the set of plates; except that the director shall annually issue a new license plate or set of plates as provided in this section for [vehicles registered pursuant to subsection 2 of section 301.277,] commercial motor vehicles in excess of twelve thousand pounds, trailers, buses and dealers.

            (2) The vehicle owner to whom a tab or set of tabs is issued shall affix and display such tab or tabs on the middle of the license plate, no more than one per plate.

            (3) A tab or set of tabs issued by the director when attached to a vehicle in the prescribed manner shall be prima facie evidence that the registration fee for such vehicle has been paid.

            (4) Except as provided in subdivision (1) of this subsection, the director of revenue shall issue plates for a period of at least five years.

            (5) For those commercial motor vehicles and trailers registered pursuant to section [301.041] 308.620, RSMo, the plate issued by the [director of revenue] state highways and transportation commission shall be a permanent nonexpiring license plate for which no tabs shall be issued. Nothing in this section shall relieve the owner of any vehicle permanently registered pursuant to this section from the obligation to pay the annual registration fee due for the vehicle. The permanent nonexpiring license plate shall be returned to the [director of revenue] state highways and transportation commission upon the sale or disposal of the vehicle by the owner to whom the permanent nonexpiring license plate is issued, or the plate may be transferred to a replacement commercial motor vehicle when the owner files a supplemental application with the [Missouri highway reciprocity] state highways and transportation commission for the registration of such replacement commercial motor vehicle. Upon payment of the annual registration fee, the [director of revenue] state highways and transportation commission shall issue a certificate of registration, cab card, or other suitable evidence of payment of the annual fee, and such evidence of payment shall be carried at all times in the vehicle for which it is issued.

            (6) Upon the sale or disposal of any vehicle permanently registered under this section, or upon the termination of a lease of any such vehicle, the permanent nonexpiring plate issued for such vehicle shall be returned to the director or the state highways and transportation commission and shall not be valid for operation of such vehicle, or the plate may be transferred to a replacement vehicle when the owner files a supplemental application with the [Missouri highway reciprocity] state highways and transportation commission for the registration of such replacement vehicle. If a vehicle which is permanently registered under this section is sold, wrecked or otherwise disposed of, or the lease terminated, the registrant shall be given credit for any unused portion of the annual registration fee when the vehicle is replaced by the purchase or lease of another vehicle during the registration year.

            9. The director of revenue and, if applicable, the state highways and transportation commission may prescribe rules and regulations for the effective administration of this section. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

            301.175. 1. Upon the application for and payment of a fee of five dollars the director of revenue shall issue a local commercial motor vehicle maintenance trip permit at any office issuing motor vehicle license plates. Any holder of a local commercial motor vehicle license plate may apply for the maintenance trip permit by certifying on the application for such a permit that the permit will be used solely for the purpose of operating the motor vehicle and its mounted equipment, while empty, to or from a place of repair or maintenance, or place where its mounted equipment may be repaired or replaced, beyond the twenty-five mile [license] commercial zone. The agent or deputy of the director who issues the permit shall enter on such permit the name of the registered owner of the vehicle, the address of the place to which the vehicle is registered, the place of origin for the trip, the destination for the trip, the number of the local commercial motor vehicle license plate issued for that vehicle, the vehicle make and year model, and the date, time and place of issuance.

            2. Possession of a duly issued permit shall entitle the operator of a [locally licensed] local commercial motor vehicle to operate the vehicle beyond the twenty-five mile commercial zone for which licensed for the purposes set out in subsection 1 of this section.

            3. "Local commercial motor vehicle maintenance trip permit", as used in this section, means a trip permit issued as a supplement to a local commercial motor vehicle license plate for the sole purpose of allowing the operation of a vehicle licensed as a local commercial motor vehicle, while empty, to or from a place of repair or maintenance within a period of ten days from the time of issuance.

            4. All fees collected by the director of revenue under the provisions of this section shall be deposited with the state treasurer to the credit of the state highways and transportation department fund.

            5. Notwithstanding any other provision of law to the contrary, whenever a public utility, as defined in section 386.020, RSMo, has customers without utility service due to a weather-related or other type of emergency, the public utility may use [locally licensed] local commercial motor vehicles to make service restoration trips to the areas of the service outages, even if such areas are outside the twenty-five-mile commercial [license] zone. The vehicles may operate in the areas of service outages until service is restored, and then such vehicles may make the return trip to their local area.

            301.442. Whenever a business is sold by the owner thereof and as part of the sale the ownership of one or more commercial motor vehicles is transferred, or whenever an individual or partnership transfers ownership of a business and commercial motor vehicles owned by [him or them] the individual or partnership to a corporation substantially owned by [him or them] the individual or partnership in a nontaxable transfer under the provisions of the United States Internal Revenue Code, the original owner of any such vehicles may transfer the registration plates issued pursuant to this chapter or chapter 308, RSMo, for such vehicles to the new owner who, upon notification to the director of revenue of the sale or transfer of ownership of the business and transfer of the registration plates, may use those registration plates for the remainder of the current registration period as if [he] the individual, they, or it had originally purchased the plates. The director may prescribe the necessary forms for use in making the notification and may require that the notification be made under oath.

            302.756. 1. Notwithstanding any other provision of law to the contrary, any driver who violates or fails to comply with an out-of-service order is subject to a civil penalty of one thousand dollars, in addition to disqualification as provided by law. Any civil penalty established in this section shall not become effective and enforced until October 1, 1996.

            2. Any employer who violates an out-of-service order, or who knowingly requires or permits a driver to violate or fail to comply with an out-of-service order, is subject to a civil penalty of two thousand five hundred dollars.

            3. The [general] chief counsel to the [division of motor carrier and railroad safety within the department of economic development] state highways and transportation commission shall bring an action in accordance with the procedures under section [390.156] 308.975, RSMo, to recover a civil penalty under this section against a driver who violates or fails to comply with an out-of-service order, or against an employer who violates an out-of-service order or knowingly requires or permits a driver to violate or fail to comply with an out-of-service order, or both.

            4. In addition to any other remedies under this section, actions under this section may be brought against a driver or employer who violates or fails to comply with an out-of-service order with reference to a motor vehicle or combination of motor vehicles used in intrastate commerce which has a capacity of more than five passengers, excluding the driver.

            [390.066.] 302.761. 1. Each person who applies for employment as a driver of a commercial motor vehicle shall provide the employer at the time of the application with information of previous employment as a commercial motor vehicle driver, as prescribed by the Secretary of Transportation of the United States, for the ten years preceding the date of application.

            2. Each employer shall require the information specified in subsection 1 of this section and advise the applicant of the purpose of such information as prescribed by the Secretary of Transportation of the United States.

            3. No employer or shipper shall knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle in the United States during any period in which the driver has a driver's license suspended, revoked, or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle or is subject to an out-of-service order in any state, or in which the driver has more than one driver's license. Any employer or shipper in violation of this subsection may be convicted of a violation thereof and shall be guilty of a class A misdemeanor. [The Missouri division of motor carrier and railroad safety shall annually perform financial audits and surveys of a representative number of common carriers of commodities in bulk in dump trucks to determine and set the minimum rate or charge reasonably required and necessary for these carriers to maintain their equipment in a safe condition, to reasonably compensate drivers, so they may meet and comply with state and federal requirements for safety, and to allow these carriers to reasonably pay their other necessary operating expenses including all required taxes, licenses and insurance. The provisions of this subsection relating to minimum rates shall not apply to common carriers transporting bulk commodities in dump trucks on any shipment weighing forty thousand pounds or more which is transported seventy-five miles or more from the point of origin of the shipment. On shipments exempted from prescribed minimum rates under this subsection, common carriers shall be subject to all other applicable laws, rules, regulations, and orders and decisions of the division, including those relating to prescribed maximum rates. Notwithstanding any other provision of law to the contrary, common carriers transporting shipments exempted from prescribed minimum rates under this subsection shall not be required to file and publish schedules showing the rates and charges for such transportation.]

            303.026. 1. The director shall inform each owner who registers a motor vehicle of the following:

            (1) The existence of the requirement that every motor vehicle owner in the state must maintain [his] the owner's financial responsibility;

            (2) The requirement that every motor vehicle owner show an insurance identification card, or a copy thereof, or other proof of financial responsibility at the time of vehicle registration; this notice shall be given at least thirty days prior to the month for renewal and shall be shown in bold, colored print;

            (3) The penalties which apply to violations of the requirement to maintain financial responsibility;

            (4) The benefits of maintaining coverages in excess of those which are required;

            (5) The director's authority to conduct samples of Missouri motor vehicle owners to ensure compliance.

            2. No motor vehicle owner shall be issued registration for a vehicle unless the owner, or [his] the owner's authorized agent, signs an affidavit provided by the director of revenue at the time of registration of the vehicle certifying that such owner has and will maintain, during the period of registration, financial responsibility with respect to each motor vehicle that is owned, licensed or operated on the streets or highways. The affidavit need not be notarized, but it shall be acknowledged by the person processing the form. The affidavit shall state clearly and in bold print the following: "Any false affidavit is a crime under section 575.050 of Missouri law.". In addition, every motor vehicle owner shall show proof of such financial responsibility by presenting his or her insurance identification card, as described in section 303.024, or a copy thereof, or some other proof of financial responsibility in the form prescribed by the director of revenue at the time of registration unless such owner registers his or her vehicle in conjunction with a reciprocity agreement entered into by the [Missouri highway reciprocity] state highways and transportation commission pursuant to [sections 301.271 to 301.279] chapter 308, RSMo, or unless the owner insures the vehicle according to the requirements of the [division of motor carrier and railroad safety pursuant to section 390.126] state highways and transportation commission under chapter 308, RSMo.

            3. To ensure compliance with this chapter, the director may utilize a variety of sampling techniques including but not limited to random samples of registrations subject to this section, uniform traffic tickets, insurance information provided to the director at the time of motor vehicle registration, and persons who during the preceding year have received a disposition of court-ordered supervision or suspension. The director may verify the financial responsibility of any person sampled or reported.

            (1) [Beginning January 1, 2001,] The director may require such information, as in his or her discretion is necessary to enforce the requirements of subdivision (1) of subsection 1 of this section, to be submitted from the person's insurer or insurance company. When requested by the director of revenue, all licensed insurance companies in this state which sell private passenger (noncommercial) motor vehicle insurance policies shall report information regarding the issuance, nonrenewal and cancellation of such policies to the director, excluding policies issued to owners of fleet or rental vehicles or issued on vehicles that are insured pursuant to a commercial line policy. Such information shall be reported electronically in a format as prescribed by the director of the department of revenue by rule except that such rule shall provide for an exemption from electronic reporting for insurers with a statistically insignificant number of policies in force.

            (2) The director may require the data described in subsection 2 of section 303.412 to be reported by insurance companies and require reporting periods of at least once per month. When required by the director of revenue, each insurance company shall provide to the department a record of each policy issued, canceled, terminated or revoked during the period since the previous report. Nothing in this section shall prohibit insurance companies from reporting more frequently than once per month.

            (3) The director may use reports described in subdivision (1) of this subsection for sampling purposes as provided in this section.

            4. Information provided to the department by an insurance company for use in accordance with this section is the property of the insurer and is not subject to disclosure pursuant to chapter 610, RSMo. Such information may be utilized by the department for enforcement of this chapter but may not be disclosed except that the department shall disclose whether an individual is maintaining the required insurance coverage upon request of the following individuals and agencies only:

            (1) The individual;

            (2) The parent or legal guardian of an individual if the individual is an unemancipated minor;

            (3) The legal guardian of the individual if the individual is legally incapacitated;

            (4) Any person who has power of attorney from the individual;

            (5) Any person who submits a notarized release from the individual that is dated no more than ninety days before the request is made;

            (6) Any person claiming loss or injury in a motor vehicle accident in which the individual is involved;

            (7) The office of the state auditor, for the purpose of conducting any audit authorized by law.

            5. The director, after consultation with the working group as provided for in section 303.406, may adopt any rules and regulations necessary to carry out the provisions of subdivisions (1) through (3) of subsection 3 of 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 shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, 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, 2000, shall be invalid and void.

            6. Any person or agency who knowingly discloses information received from insurance companies pursuant to this section for any purpose, or to a person, other than those authorized in this section is guilty of a class A misdemeanor. No insurer shall be liable to any person for performing its duties pursuant to this section unless and to the extent the insurer commits a willful and wanton act of omission.

            7. The department of revenue shall notify the department of insurance of any insurer who violates any provisions of this section. The department of insurance may, against any insurer who knowingly fails to comply with this section, assess an administrative penalty up to five hundred dollars per day of noncompliance. The department of insurance may excuse the administrative penalty if an assessed insurer provides acceptable proof that such insurer's noncompliance was inadvertent, accidental or the result of excusable neglect. [The penalty provisions of this section shall become effective six months after the rule issued pursuant to subsections 3 and 5 of this section is published in the code of state regulations.]

            8. To verify that financial responsibility is being maintained, the director shall notify the owner or operator of the need to provide, within fifteen days, proof of the existence of the required financial responsibility. The request shall require the owner or the operator to state whether or not the motor vehicle was insured on the verification date stated in the director's request. The request may include but not be limited to a statement of the names and addresses of insurers, policy numbers and expiration date of insurance coverage. Failure to provide such information shall result in the suspension of the registration of the owner's motor vehicle, and where applicable, the owner's or the operator's driving privilege, for failing to meet such requirements, as is provided in this chapter.

            303.350. Notwithstanding anything else herein contained, this chapter shall not apply with respect to any motor vehicle owned by the United States, the state of Missouri, or any political subdivision of this state, or any municipality therein, nor shall this chapter apply to any common carrier or contract carrier whose operations are subject to the jurisdiction of and are regulated by the [interstate commerce commission] Federal Motor Carrier Safety Administration or the [public service] state highways and transportation commission [of Missouri], or by regulatory ordinances of the municipalities served by such common or contract carrier, and which shall have satisfied any applicable requirements concerning bond, insurance or proof of financial responsibility imposed by the regulatory authority having jurisdiction over the carrier's operations.

            304.011. 1. No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law. Peace officers may enforce the provisions of this section by directions to drivers, and in the event of apparent willful disobedience [to this provision] and refusal to comply with direction of an officer in accordance herewith, the continued slow operation by a driver is a misdemeanor.

            2. No vehicle shall be operated at a speed of less than forty miles per hour on any highway which is part of the interstate system of highways, unless:

            (1) A slower speed is required for the safe operation of the vehicle because of weather or other special conditions; or

            (2) Agricultural implements, self-propelled hay-hauling equipment, implements of husbandry and vehicles transporting such vehicles or equipment may be operated occasionally on interstate highways for short distances at a speed of less than forty miles per hour if such vehicle or equipment is operated pursuant to a special permit issued by the chief engineer of the state department of transportation pursuant to section [304.200] 308.700, RSMo, and the regulations established pursuant to such section.

            3. Any person who violates subsection 2 of this section is guilty of a class C misdemeanor.

            304.022. 1. Upon the immediate approach of an emergency vehicle giving audible signal by siren or while having at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle or a flashing blue light authorized by section 307.175, RSMo, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as far as possible to the right of, the traveled portion of the highway and thereupon stop and remain in such position until such emergency vehicle has passed, except when otherwise directed by a police or traffic officer.

            2. Upon approaching a stationary emergency vehicle displaying lighted red or red and blue lights, the driver of every motor vehicle shall:

            (1) Proceed with caution and yield the right-of-way, if possible with due regard to safety and traffic conditions, by making a lane change into a lane not adjacent to that of the stationary vehicle, if on a roadway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or

            (2) Proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be unsafe or impossible.

            3. The motorman of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until the emergency vehicle has passed, except as otherwise directed by a police or traffic officer.

            4. An "emergency vehicle" is a vehicle of any of the following types:

            (1) A vehicle operated by the state highway patrol, the state water patrol or a state park ranger, those vehicles operated by enforcement personnel [by the division of motor carrier and railroad safety of the department of economic development] of the state highways and transportation commission in relation to its authority under chapter 308, RSMo, police or fire department, sheriff, constable or deputy sheriff, federal law enforcement officer authorized to carry firearms and to make arrests for violations of the laws of the United States, traffic officer or coroner or by a privately owned emergency vehicle company;

            (2) A vehicle operated as an ambulance or operated commercially for the purpose of transporting emergency medical supplies or organs;

            (3) Any vehicle qualifying as an emergency vehicle pursuant to section 307.175, RSMo;

            (4) Any wrecker, or tow truck or a vehicle owned and operated by a public utility or public service corporation while performing emergency service;

            (5) Any vehicle transporting equipment designed to extricate human beings from the wreckage of a motor vehicle;

            (6) Any vehicle designated to perform emergency functions for a civil defense or emergency management agency established pursuant to the provisions of chapter 44, RSMo;

            (7) Any vehicle operated by an authorized employee of the department of corrections, who as part of the employee's official duties, is responding to a riot, disturbance, hostage incident, escape or other critical situation where there is the threat of serious physical injury or death, responding to mutual aid call from another criminal justice agency, or in accompanying an ambulance which is transporting an offender to a medical facility;

            (8) Any vehicle designated to perform hazardous substance emergency functions established pursuant to the provisions of sections 260.500 to [260.550] 260.552, RSMo.

            5. (1) The driver of any vehicle referred to in subsection 4 of this section shall not sound the siren thereon or have the front red lights or blue lights on except when such vehicle is responding to an emergency call or when in pursuit of an actual or suspected law violator, or when responding to, but not upon returning from, a fire;

            (2) The driver of an emergency vehicle may:

            (a) Park or stand irrespective of the provisions of sections 304.014 to [304.026] 304.025;

            (b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

            (c) Exceed the prima facie speed limit so long as the driver does not endanger life or property;

            (d) Disregard regulations governing direction of movement or turning in specified directions;

            (3) The exemptions herein granted to an emergency vehicle shall apply only when the driver of any such vehicle while in motion sounds audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light or blue light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle.

            6. No person shall purchase an emergency light as described in this section without furnishing the seller of such light an affidavit stating that the light will be used exclusively for emergency vehicle purposes.

            7. Violation of this section shall be deemed a class C misdemeanor.

            304.030. Every motor vehicle transporting passengers, for hire, every school bus, and every motor vehicle transporting high explosives, or poisonous or compressed inflammable gases, and every motor vehicle used for the transportation of inflammable or corrosive liquids in bulk, whether loaded or empty, shall, upon approaching any railroad grade crossing, other than a crossing that is specifically exempted from the stopping requirement by order of the [division of motor carrier and railroad safety of the department of economic development] state highways and transportation commission, be brought to a full stop within fifty feet, but not less than fifteen feet, from the nearest rail of such railroad grade crossing, and shall not proceed until due caution has been taken to ascertain that the course is clear, except that such full stop shall not be required at a streetcar crossing within a business or residence district, nor at a railroad grade crossing protected by a watchman or traffic officer on duty or by a traffic control signal (not railroad flashing signal) giving positive indication to approaching vehicles to proceed, nor when the [division of motor carrier and railroad safety] state highways and transportation commission has ordered the placement of an exempt sign at the crossing.

            304.180. 1. No vehicle or combination of vehicles shall be moved or operated on any highway in this state having a greater weight than twenty thousand pounds on one axle, no combination of vehicles operated by transporters of general freight over regular routes as defined in section [390.020] 308.020, RSMo, shall be moved or operated on any highway of this state having a greater weight than the vehicle manufacturer's rating on a steering axle with the maximum weight not to exceed twelve thousand pounds on a steering axle, and no vehicle shall be moved or operated on any state highway of this state having a greater weight than thirty-four thousand pounds on any tandem axle; the term "tandem axle" shall mean a group of two or more axles, arranged one behind another, the distance between the extremes of which is more than forty inches and not more than ninety-six inches apart.

            2. An "axle load" is defined as the total load transmitted to the road by all wheels whose centers are included between two parallel transverse vertical planes forty inches apart, extending across the full width of the vehicle.

            3. Subject to the limit upon the weight imposed upon a highway of this state through any one axle or on any tandem axle, the total gross weight with load imposed by any group of two or more consecutive axles of any vehicle or combination of vehicles shall not exceed the maximum load in pounds as set forth in the following table:

Distance in feet between the extremes of any group of two or more consecutive axles, measured to the nearest foot, except where indicated otherwise

                                 Maximum load in pounds

feet                              2 axles            3 axles           4 axles            5 axles            6 axles

   4                           34,000

   5                           34,000

   6                           34,000

   7                           34,000

   8                           34,000             34,000

More than 8                38,000             42,000

   9                           39,000             42,500

  10                          40,000             43,500

  11                          40,000             44,000

  12                          40,000             45,000             50,000

  13                          40,000             45,500             50,500

  14                          40,000             46,500             51,500

  15                          40,000             47,000             52,000

  16                          40,000             48,000          52,500           58,000

  17                          40,000             48,500          53,500           58,500

  18                          40,000             49,500          54,000           59,000

  19                          40,000             50,000          54,500           60,000

  20                          40,000             51,000          55,500           60,500           66,000

  21                          40,000             51,500          56,000           61,000           66,500

  22                          40,000             52,500          56,500           61,500           67,000

  23                          40,000             53,000          57,500           62,500           68,000

  24                          40,000             54,000          58,000           63,000           68,500

  25                          40,000             54,500          58,500           63,500           69,000

  26                          40,000             55,500          59,500           64,000             69,500

  27                          40,000             56,000          60,000           65,000           70,000

  28                          40,000             57,000          60,500            65,500           71,000

  29                          40,000             57,500          61,500           66,000           71,500

  30                          40,000             58,500          62,000           66,500           72,000

  31                          40,000             59,000          62,500           67,500           72,500

  32                          40,000             60,000          63,500           68,000           73,000

  33                          40,000             60,000          64,000           68,500           74,000

  34                          40,000             60,000          64,500           69,000           74,500

  35                          40,000             60,000          65,500           70,000           75,000

  36                                             60,000          66,000           70,500           75,500

  37                                             60,000          66,500           71,000           76,000

  38                                             60,000          67,500           72,000           77,000

  39                                             60,000          68,000           72,500           77,500

  40                                             60,000          68,500           73,000           78,000

  41                                             60,000          69,500           73,500           78,500

  42                                             60,000          70,000           74,000           79,000

  43                                             60,000          70,500           75,000           80,000

  44                                             60,000          71,500           75,500           80,000

  45                                             60,000          72,000           76,000           80,000

  46                                             60,000          72,500           76,500           80,000

  47                                             60,000          73,500           77,500           80,000

  48                                             60,000          74,000           78,000           80,000

  49                                             60,000          74,500           78,500           80,000

  50                                             60,000          75,500           79,000           80,000

  51                                             60,000          76,000           80,000           80,000

  52                                             60,000          76,500           80,000           80,000

  53                                             60,000          77,500           80,000           80,000

  54                                             60,000          78,000           80,000           80,000

  55                                             60,000          78,500           80,000           80,000

  56                                             60,000          79,500           80,000           80,000

  57                                             60,000          80,000           80,000           80,000

Notwithstanding the above table, two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each if the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more.

            4. Whenever the state highways and transportation commission finds that any state highway bridge in the state is in such a condition that use of such bridge by vehicles of the weights specified in subsection 3 of this section will endanger the bridge, or the users of the bridge, the commission may establish maximum weight limits and speed limits for vehicles using such bridge. The governing body of any city or county may grant authority by act or ordinance to the state highways and transportation commission to enact the limitations established in this section on those roadways within the purview of such city or county. Notice of the weight limits and speed limits established by the commission shall be given by posting signs at a conspicuous place at each end of any such bridge.

            5. Nothing in this section shall be construed as permitting lawful axle loads, tandem axle loads or gross loads in excess of those permitted under the provisions of Section 127 of Title 23 of the United States Code.

            6. Notwithstanding the weight limitations contained in this section, any vehicle or combination of vehicles operating on highways other than the interstate highway system may exceed single axle, tandem axle and gross weight limitations in an amount not to exceed two thousand pounds. However, total gross weight shall not exceed eighty thousand pounds.

            7. Notwithstanding any provision of this section to the contrary, the department of transportation shall issue a single-use special permit, or upon request of the owner of the truck or equipment, shall issue an annual permit, for the transporting of any concrete pump truck or well-drillers' equipment. The department of transportation shall set fees for the issuance of permits pursuant to this subsection. Notwithstanding the provisions of section 301.133, RSMo, concrete pump trucks or well-drillers' equipment may be operated on state-maintained roads and highways at any time on any day.

            304.230. 1. It shall be the duty of the sheriff of each county or city to see that the provisions of sections 304.170 to 304.230 are enforced, and any peace officer or police officer of any county or city or any highway patrol officer shall have the power to arrest on sight or upon a warrant any person found violating or having violated the provisions of such sections.

            2. The sheriff or any peace officer or any highway patrol officer is hereby given the power to stop any such conveyance or vehicle as above described upon the public highway for the purpose of determining whether such vehicle is loaded in excess of the provisions of sections 304.170 to 304.230, and if he or she finds such vehicle loaded in violation of the provisions thereof he or she shall have a right at that time and place to cause the excess load to be removed from such vehicle; and provided further, that any regularly employed maintenance [man] worker of the department of transportation shall have the right and authority in any part of this state to stop any such conveyance or vehicle upon the public highway for the purpose of determining whether such vehicle is loaded in excess of the provisions of sections 304.170 to 304.230, and if he or she finds such vehicle loaded in violation of the provisions thereof, he or she shall have the right at that time and place to cause the excess load to be removed from such vehicle. When only an axle or a tandem axle group of a vehicle is overloaded, the operator shall be permitted to shift the load, if this will not overload some other axle or axles, without being charged with a violation; provided, however, the privilege of shifting the weight without being charged with a violation shall not extend to or include vehicles while traveling on the federal interstate system of highways. When only an axle or tandem axle group of the vehicle traveling on the federal interstate system of highways is overloaded and a court authorized to enforce the provisions of sections 304.170 to 304.230 finds that the overloading was due to the inadvertent shifting of the load changing axle weights in transit through no fault of the operator of the vehicle and that the load thereafter had been shifted so that no axle had been overloaded, then the court may find that no violation has been committed. The operator of any vehicle shall be permitted to back up and reweigh, or to turn around and weigh from the opposite direction. Any operator whose vehicle is weighed and found to be within five percent of any legal limit may request and receive a weight ticket, memorandum or statement showing the weight or weights on each axle or any combinations of axles. Once a vehicle is found to be within the limits of section 304.180 after having been weighed on any state scale and there is no evidence that any cargo or fuel has been added, no violation shall occur, but a presumption shall exist that cargo or fuel has been added if upon reweighing on another state scale the total gross weight exceeds the applicable limits of section 304.180 or 304.190. The state highways and transportation commission of this state may deputize and appoint any number of their regularly employed maintenance [men] workers to enforce the provisions of such sections, and the maintenance [men] workers delegated and appointed in this section shall report to the proper officers any violations of sections 304.170 to 304.230 for prosecution by such proper officers.

            3. The superintendent of the Missouri state highway patrol may assign qualified persons who are not highway patrol officers to supervise or operate permanent or portable weigh stations used in the enforcement of commercial vehicle laws. These persons shall be designated as commercial vehicle inspectors and have limited police powers:

            (1) To issue uniform traffic tickets at a permanent or portable weigh station for violations of rules and regulations of the [division of motor carrier and railroad safety of the department of economic development] state highways and transportation commission pursuant to chapter 308, RSMo, and department of public safety, and laws, rules, and regulations pertaining to commercial motor vehicles and trailers and related to size, weight, fuel tax, registration, equipment, driver requirements, transportation of hazardous materials and [operators' or chauffeurs'] driver's licenses, and the provisions of sections 303.024 and 303.025, RSMo;

            (2) To require the operator of any commercial vehicle to stop and submit to a vehicle and driver inspection to determine compliance with commercial vehicle laws, rules, and regulations, the provisions of sections 303.024 and 303.025, RSMo, and to submit to a cargo inspection when reasonable grounds exist to cause belief that a vehicle is transporting hazardous materials as defined by Title 49 of the Code of Federal Regulations;

            (3) To make arrests for violation of subdivisions (1) and (2) of this subsection.

Commercial vehicle inspectors shall not have the authority to exercise the powers granted in subdivisions (1), (2) and (3) of this subsection until they have successfully completed training approved by the superintendent of the Missouri state highway patrol; nor shall they have the right as peace officers to bear arms.

            4. The superintendent of the Missouri state highway patrol may appoint qualified persons, who are not members of the highway patrol, designated as commercial vehicle enforcement officers, with the powers:

            (1) To issue uniform traffic tickets for violations of laws, rules and regulations pertaining to commercial vehicles, trailers, special mobile equipment and drivers of such vehicles, and the provisions of sections 303.024 and 303.025, RSMo;

            (2) To require the operator of any commercial vehicle to stop and submit to a vehicle and driver inspection to determine compliance with commercial vehicle laws, rules, and regulations, compliance with the provisions of sections 303.024 and 303.025, RSMo, and to submit to a cargo inspection when reasonable grounds exist to cause belief that a vehicle is transporting hazardous materials as defined by Title 49 of the Code of Federal Regulations;

            (3) To make arrests upon warrants and for violations of subdivisions (1) and (2) of this subsection.

Commercial vehicle enforcement officers shall not have the authority to exercise the powers granted in subdivisions (1), (2) and (3) of this subsection until they have successfully completed training approved by the superintendent of the Missouri state highway patrol. Commercial vehicle enforcement officers shall have the right as peace officers to bear arms.

            5. Any additional employees needed for the implementation of this section shall be hired in conformity with the provisions of the federal fair employment and antidiscrimination acts.

            6. Any part of this section which shall be construed to be in conflict with the axle or tandem axle load limits permitted by the Federal-Aid Highway Act, Section 127 of Title 23 of the United States Code (Public Law 85-767, 85th Congress) shall be null, void and of no effect.

            304.240. Any person, firm, corporation, partnership or association violating any of the provisions of sections 304.170 to 304.230 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than five dollars or by confinement in a county jail for not more than twelve months, or by both the fine and confinement; provided, however, that where load limits as defined in sections 304.180 to 304.220 have been violated, the fine shall be two cents for each pound of excess weight up to and including five hundred, and five cents for each pound of excess weight above five hundred and not exceeding one thousand, and ten cents for each pound in excess weight above one thousand; provided that, when any vehicle is being operated under a special permit as provided in section [304.200] 308.700, RSMo, the term "excess weight" means only weight in excess of the amount permitted in the permit as issued. The court may, in its discretion, cause to be impounded the motor vehicle operated by any person violating the provisions of this section until such time as the fine and cost assessed by the court under this section is paid.

            304.373. 1. For the purpose of this section, "hazardous materials" shall be as defined pursuant to Part 397, Title 49, Code of Federal Regulations, as adopted and amended.

            2. No person shall transport hazardous materials in or through any highway tunnel in this state. For purposes of this section, a tunnel shall be defined as a horizontal subterranean passageway through or under an obstruction of a length of one hundred yards or more.

            3. No person shall park a vehicle containing hazardous materials within three hundred feet of any highway tunnel in this state except as provided pursuant to Part 397, Title 49, Code of Federal Regulations, as adopted and as such regulations have been and may periodically be amended.

            4. Any person who is found or pleads guilty to a violation of this section shall be guilty of a class B misdemeanor. Any person who is found or pleads guilty to a second or subsequent violation of this section shall be guilty of a class A misdemeanor. Violations of this section shall be enforced pursuant to section [390.201] 308.110, RSMo.

            307.160. In addition to the penalty provided by section 307.155 in case of the violation of sections 307.130 to 307.160 by any common carrier or person operating under a permit or a certificate of public convenience or necessity issued by the [Missouri public service] state highways and transportation commission, or other authorized body or person, said permit shall be revoked, or, in the discretion of the commission, suspended until the provisions of sections 307.130 to 307.160 are satisfactorily complied with.

            307.350. 1. The owner of every motor vehicle as defined in section 301.010, RSMo, which is required to be registered in this state, except:

            (1) New motor vehicles which have not been previously titled and registered, for the two-year period following their model year of manufacture;

            (2) Those motor vehicles which are engaged in interstate commerce and are proportionately registered in this state with the [Missouri highway reciprocity] state highways and transportation commission, although the owner may request that such vehicle be inspected by an official inspection station, and a peace officer may stop and inspect such vehicles to determine whether the mechanical condition is in compliance with the safety regulations established by the United States Department of Transportation; and

            (3) Historic motor vehicles registered pursuant to section 301.131, RSMo;

shall submit such vehicles to a biennial inspection of their mechanism and equipment in accordance with the provisions of sections 307.350 to [307.390] 307.402 and obtain a certificate of inspection and approval and a sticker, seal, or other device from a duly authorized official inspection station. The inspection, except the inspection of school buses which shall be made at the time provided in section 307.375, shall be made at the time prescribed in the rules and regulations issued by the superintendent of the Missouri state highway patrol; but the inspection of a vehicle shall not be made more than sixty days prior to the date of application for registration or within sixty days of when a vehicle's registration is transferred. Any vehicle manufactured as an even-numbered model year vehicle shall be inspected and approved pursuant to the safety inspection program established pursuant to sections 307.350 to [307.390] 307.402 in each even-numbered calendar year and any such vehicle manufactured as an odd-numbered model year vehicle shall be inspected and approved pursuant to sections 307.350 to [307.390] 307.402 in each odd-numbered year. The certificate of inspection and approval shall be a sticker, seal, or other device or combination thereof, as the superintendent of the Missouri state highway patrol prescribes by regulation and shall be displayed upon the motor vehicle or trailer as prescribed by the regulations established by [him] the superintendent. The replacement of certificates of inspection and approval which are lost or destroyed shall be made by the superintendent of the Missouri state highway patrol under regulations prescribed by [him] the superintendent.

            2. For the purpose of obtaining an inspection only, it shall be lawful to operate a vehicle over the most direct route between the owner's usual place of residence and an inspection station of such owner's choice, notwithstanding the fact that the vehicle does not have a current state registration license. It shall also be lawful to operate such a vehicle from an inspection station to another place where repairs may be made and to return the vehicle to the inspection station notwithstanding the absence of a current state registration license.

            3. No person whose motor vehicle was duly inspected and approved as provided in this section shall be required to have the same motor vehicle again inspected and approved for the sole reason that such person wishes to obtain a set of any special personalized license plates available pursuant to section 301.144, RSMo, or a set of any license plates available pursuant to section 301.142, RSMo, prior to the expiration date of such motor vehicle's current registration.

            4. Notwithstanding the provisions of section 307.390, violation of this section shall be deemed an infraction.

            307.400. 1. It is unlawful for any person to operate any commercial motor vehicle licensed for more than twelve thousand pounds either singly or in combination with a trailer, as both [vehicles] terms are defined in section 301.010, RSMo, unless such vehicles are equipped and operated as required by Parts [390 through 397] 40 and 379 through 399, Title 49, Code of Federal Regulations, as such regulations have been and may periodically be amended, whether intrastate transportation or interstate transportation. Members of the Missouri state highway patrol are authorized to enter the cargo area of a commercial motor vehicle or trailer to inspect the contents when reasonable grounds exist to cause belief that the vehicle is transporting hazardous materials as defined by Title 49 of the Code of Federal Regulations. The director of the department of public safety is hereby authorized to further regulate the safety of commercial motor vehicles and trailers as [he] the director deems necessary to govern and control their operation on the public highways of this state by promulgating and publishing rules and regulations consistent with this chapter. Any such rules shall, in addition to any other provisions deemed necessary by the director, require:

            (1) Every commercial motor vehicle and trailer and all parts thereof to be maintained in a safe condition at all times;

            (2) Accidents arising from or in connection with the operation of commercial motor vehicles and trailers to be reported to the department of public safety in such detail and in such manner as the director may require.

Except for the provisions of subdivisions (1) and (2) of this subsection, the provisions of this section shall not apply to any commercial motor vehicle operated in intrastate commerce and licensed for a gross weight of sixty thousand pounds or less when used exclusively for the transportation of solid waste or forty-two thousand pounds or less when the license plate has been designated for farm use by the letter "F" as authorized by the Revised Statutes of Missouri, unless such vehicle is transporting hazardous materials as defined in Title 49, Code of Federal Regulations.

            2. Notwithstanding the provisions of subsection 1 of this section to the contrary, Part 391, Subpart E, Title 49, Code of Federal Regulations, relating to the physical requirements of drivers, shall not be applicable to drivers in intrastate commerce, provided such drivers were licensed by this state as chauffeurs to operate commercial motor vehicles on May 13, 1988. Persons who are otherwise qualified and licensed to operate a commercial motor vehicle in this state may operate such vehicle intrastate at the age of eighteen years or older, except that any person transporting hazardous material must be at least twenty-one years of age.

            3. Commercial motor vehicles and drivers of such vehicles may be placed out of service if the vehicles are not equipped and operated according to the requirements of this section. Criteria used for placing vehicles and drivers out of service are the North American Uniform Out-of-Service Criteria adopted by the Commercial Vehicle Safety Alliance and the United States Department of Transportation, as such criteria have been and may periodically be amended.

            4. Notwithstanding the provisions of subsection 1 of this section to the contrary, Part 395, Title 49, Code of Federal Regulations, relating to the hours of drivers, shall not apply to any vehicle owned or operated by any public utility, rural electric cooperative or other public service organization, or to the driver of such vehicle, while providing restoration of essential utility services during emergencies and operating intrastate. For the purposes of this subsection, the term "essential utility services" means electric, gas, water, telephone and sewer services.

            5. Part 395, Title 49, Code of Federal Regulations, relating to the hours of drivers, shall not apply to drivers transporting agricultural commodities or farm supplies for agricultural purposes in this state if such transportation:

            (1) Is limited to an area within a one hundred air mile radius from the source of the commodities or the distribution point for the farm supplies; and

            (2) Is conducted during the planting and harvesting season within this state, as defined by the department of public safety by regulation.

            6. The provisions of Part 395.8[,] of Title 49, Code of Federal Regulations, relating to recording of a driver's duty status, shall not apply to drivers engaged in agricultural operations referred to in subsection 5 of this section, if the motor carrier who employs the driver maintains and retains for a period of six months accurate and true records showing:

            (1) The total number of hours the driver is on duty each day; and

            (2) The time at which the driver reports for, and is released from, duty each day.

            7. Violation of any provision of this section or any rule promulgated as authorized therein is a class B misdemeanor.

            8. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

            [226.008.] 308.010. 1. The state highways and transportation commission shall have responsibility and authority, as provided in this [section] chapter and sections 104.805, 389.005, 389.610, and 621.040, RSMo, for the administration and enforcement of:

            (1) Licensing, supervising and regulating motor carriers for the transportation of passengers, household goods and other property by motor vehicles within this state;

            (2) Licensing motor carriers to transport hazardous waste, used oil, infectious waste and permitting waste tire haulers in intrastate or interstate commerce, or both, by motor vehicles within this state;

            (3) Compliance by motor carriers and motor private carriers with applicable requirements relating to safety and hazardous materials transportation, within the terminals of motor carriers and motor private carriers of passengers or property;

            (4) Compliance by motor carriers and motor private carriers with applicable requirements relating to safety and hazardous materials transportation wherever they possess, transport or deliver hazardous waste, used oil, infectious waste or waste tires. This authority is in addition to, and not exclusive of, the authority of the department of natural resources to ensure compliance with any and all applicable requirements related to the transportation of hazardous waste, used oil, infectious waste or waste tires;

            (5) Collecting and regulating amounts payable to the state from interstate motor carriers in accordance with the provisions of the International Fuel Tax Agreement [in accordance with section 142.617, RSMo,] and any successor or similar agreements, including the authority to impose and collect motor fuel taxes due pursuant to chapter 142, RSMo, and such agreement;

            (6) Registering and regulating interstate commercial motor vehicles operated upon the highways of this state, in accordance with the provisions of the International Registration Plan [in accordance with sections 301.271 through 301.277, RSMo,] and any successor or similar agreements, including the authority to issue license plates in accordance with [sections 301.130 and 301.041, RSMo] section 301.130, RSMo, and this chapter;

            (7) Permitting the transportation of over dimension or overweight motor vehicles or loads that exceed the maximum weights or dimensions otherwise allowed upon the public highways within the jurisdiction of the state highways and transportation commission; and

            (8) Licensing intrastate housemovers.

            2. The state highways and transportation commission shall carry out all powers, duties and functions relating to intrastate and interstate transportation previously performed by:

            (1) The division of motor carrier and railroad safety within the department of economic development, and all officers or employees of that division;

            (2) The department of natural resources, and all officers or employees of that division, relating to the issuance of licenses or permits to transport hazardous waste, used oil, infectious waste or waste tires by motor vehicles operating within the state;

            (3) The highway reciprocity commission within the department of revenue, and all officers or employees of that commission; and the director of revenue's powers, duties and functions relating to the highway reciprocity commission, except that the state highways and transportation commission may allow the department of revenue to enforce the provisions of the International Fuel Tax Agreement, as required by such agreement; and

            (4) The motor carrier services unit within the traffic functional unit of the department of transportation, relating to the special permitting of operations on state highways of motor vehicles or loads that exceed the maximum length, width, height or weight limits established by law or by the state highways and transportation commission.

            3. All the powers, duties and functions described in subsections 1 and 2 of this section, including but not limited to, all powers, duties and functions pursuant to chapters 387, 390 and 622, RSMo, including all rules and orders, are hereby transferred to the department of transportation, which is in the charge of the state highways and transportation commission, by type I transfer, as defined in the Omnibus State Reorganization Act of 1974, and the preceding agencies and officers shall no longer be responsible for those powers, duties and functions.

            4. All the powers, duties and functions, including all rules and orders, of the administrative law judges of the division of motor carrier and railroad safety, as amended by the provisions of this section and sections 104.805, 389.005, 389.610, and 621.040, RSMo, are hereby transferred to the administrative hearing commission within the state office of administration.

            5. The division of motor carrier and railroad safety and the highway reciprocity commission are abolished.

            6. Personnel previously employed by the division of motor carrier and railroad safety and the highway reciprocity commission shall be transferred to the department of transportation, but the department of natural resources shall not be required to transfer any personnel pursuant to this section. The administrative law judge within the division of motor carrier and railroad safety shall be transferred to the administrative hearing commission.

            7. Credentials issued by the transferring agencies or officials before July 11, 2002, shall remain in force or expire as provided by law. In addition, the state highways and transportation commission shall have the authority to suspend, cancel or revoke such credentials after July 11, 2002.

            8. Notwithstanding any provision of law to the contrary, on and after July 11, 2002, all surety bonds, cash bonds, certificates of deposit, letters of credit, drafts, checks or other financial instruments payable to:

            (1) The highway reciprocity commission or the department of revenue pursuant to section 301.041, RSMo, or pursuant to the International Fuel Tax Agreement; or

            (2) Any other agency or official whose powers, duties or functions are transferred pursuant to this section,

shall be payable instead to the state highways and transportation commission.

            9. The department of natural resources shall have authority to collect and establish by rule the amount of the fee paid by applicants for a permit to transport waste tires.

            10. The Missouri hazardous waste management commission created in section 260.365, RSMo, shall have the authority to collect and establish by rule the amount of the fee paid by applicants for a license to transport hazardous waste, used oil, or infectious waste pursuant to section [260.395] 308.305, RSMo.

            [390.020.] 308.020. 1. As used in this chapter, unless otherwise defined in this chapter or the context clearly requires otherwise, the following words and terms mean:

            (1) "Agricultural commodities in bulk", commodities conforming to the meaning of "commodities in bulk" as defined in this section, which are agricultural, horticultural, viticultural or forest products or any other products which are grown or produced on a farm or in a forest, and which have not undergone processing at any time since movement from the farm or forest, or processed or unprocessed grain, feed, feed ingredients, or forest products;

            (2) "Certificate", a written document authorizing a common carrier to engage in intrastate commerce and issued under the provisions of this chapter;

            (3) "Charter service", the transportation of a group of persons who, pursuant to a common purpose and at a fixed charge for the vehicle, have acquired the exclusive use of a passenger-carrying motor vehicle to travel together as a group from a point of origin to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartering group after having left the place of origin;

            (4) "Commercial zone", unless otherwise increased pursuant to the provisions of subdivision (4) of section [390.041] 308.050, RSMo, any municipality within this state together with that territory either within or without the state of Missouri, extending one mile beyond the corporate limits of such municipality and one additional mile for each fifty thousand inhabitants or portion thereof; however, any commercial zone of a city not within a county shall extend eighteen miles beyond that city's corporate limits and shall also extend throughout any first class charter county which adjoins that zone;

            (5) "Commission", the state highways and transportation commission created pursuant to article IV, section 29 of the Missouri Constitution;

            (6) "Commodities in bulk", commodities, which are fungible, flowable, capable of being poured or dumped, tendered for transportation unpackaged, incapable of being counted, but are weighed or measured by volume and which conform to the shape of the vehicle transporting them;

            [(6)] (7) "Common carrier", any person which holds itself out to the general public to engage in the transportation by motor vehicle of passengers or property for hire or compensation upon the public highways and airlines engaged in intrastate commerce. Common carrier includes every motor carrier, and all 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;

            [(7)] (8) "Contract carrier", any person under individual contracts or agreements which engage in transportation by motor vehicles of passenger or property for hire or compensation upon the public highways;

            [(8)] (9) "Corporate family", a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a one hundred percent interest;

            [(9) "Division", the division of motor carrier and railroad safety of the department of economic development;]

            (10) "Credential", includes any license, certificate, permit, registration, receipt, cab card, telegram, or other written authorization issued to a motor carrier by the commission;

            (11) "Driveaway operator", any motor carrier who moves any commercial motor vehicle or assembled automobile singly under its own power or in any other combination of two or more vehicles under the power of one of said vehicles upon any public highway for the purpose of delivery for sale or for delivery either before or after sale;

            [(11)] (12) "Dump truck", any open-top vehicle, including dump trailers, and those trailers commonly referred to as hopper trailers and/or belly dump trailers, that discharges its load by tipping or opening the body in such a manner that the load is ejected or dumped by gravity but does not include tank or other closed-top vehicles, or vehicles that discharge cargo by means of an auger, conveyor belt, air pressure, pump or other mechanical means;

            [(12) "Household goods", personal effects and property used or to be used in a dwelling when a part of the equipment or supply of such dwelling; new or used furniture; store or office furniture or fixtures; equipment of museums, institutions, hospitals and other establishments; and articles, which because of their unusual nature or value require specialized handling and equipment usually employed in moving household goods;]

            (13) "Interstate commerce", commerce between a point in this state and a point outside this state, or between points outside this state when such commerce moves through this state whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by any other regulated means of transportation where the commodity does not come to rest or change its identity during the movement;

            (14) "Intrastate commerce", commerce moving wholly between points within this state, whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by any other means of transportation;

            (15) "Irregular route", the course or line of travel to be used by a motor carrier's vehicle when not restricted to any specific route or routes within the area the motor carrier is authorized to serve;

            (16) "Less-than-truckload lots", lots of freight, other than a truckload lot, being transported on the motor vehicle at one time;

            (17) "Mobile home", house trailers, cabin trailers, bungalow trailers, mobile homes and any other transportable building unit designed to be used for residential, commercial, industrial or recreational purposes, including special equipment, wheels, tires, axles, springs, racks, undercarriages and undersupports used or useful in connection with the transportation of mobile homes when transported as part of the transportation of mobile homes;

            (18) "Motor carrier", any person engaged in the transportation of property or passengers, or both, for compensation or hire, over the public roads of this state by motor vehicle. The term includes both common and contract carriers;

            (19) "Motor vehicle", any vehicle, truck, truck-tractor, trailer, or semitrailer, motor bus or any self-propelled vehicle used upon the highways of the state in the transportation of property [or], passengers, or hazardous waste or waste tires;

            (20) ["Party", any person admitted as a party to a division proceeding or seeking and entitled as a matter of right to admission to a division proceeding;

            (21)] "Permit", as used in sections 308.400 to 308.497, and section 308.610, a permit issued [under the provisions of this chapter] to a contract carrier to engage in intrastate or interstate commerce or to a common carrier to engage in interstate commerce;

            [(22)] (21) "Person", any individual or other legal entity, whether such entity is a proprietorship, partnership, corporation, company, association or joint-stock association, including the partners, officers, employees, and agents of the person, as well as any trustees, assignees, receivers, or personal representatives of the person;

            [(23)] (22) "Private carrier", "private motor carrier", or "motor private carrier", any person engaged in the transportation of property or passengers by motor vehicle upon public highways, but not as a common or contract carrier by motor vehicle; and includes any person who transports property by motor vehicle where such transportation is incidental to or in furtherance of his or her commercial enterprises;

            [(24)] (23) "Public highway", every public street, road, highway or thoroughfare of any kind used by the public, whether actually dedicated to the public;

            [(25)] (24) "Regular route", a specific and determined course to be traveled by a motor carrier's vehicle rendering service to, from or between various points or localities in this state;

            [(26)] (25) "School bus", any motor vehicle while being used solely to transport students to or from school or to transport students to or from any place for educational purposes or school purposes;

            [(27)] (26) "Taxicab", any motor vehicle performing a bona fide for-hire taxicab service having a capacity of not more than five passengers, exclusive of the driver, and not operated on a regular route or between fixed termini;

            [(28)] (27) "Truckload lot", a lot or lots of freight tendered to a carrier by one consignor or one consignee for delivery at the direction of the consignor or consignee with the lot or lots being the only lot or lots transported on the motor vehicle at any one time.

            2. Except as otherwise defined in this chapter, the words and terms defined in sections 142.800, 260.200, 301.010, 304.001, and 389.011, RSMo, shall have the same meaning whenever used in this chapter.

            3. The commission shall have the authority to delegate any of its powers pursuant to this chapter and chapter 389, RSMo, to any employee of the commission or any employee of the state department of transportation.

            [390.250. 1.] 308.023. As used in [sections 390.250 to 390.350] this chapter, the following terms mean:

            (1) ["Division", the division of motor carrier and railroad safety 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)] (2) "Property carrier registration", a document issued by the [division pursuant to sections 390.250 to 390.350] state highways and transportation commission pursuant to sections 308.200 to 308.290 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)] (3) "Registered property carrier", a person who is entitled [pursuant to subdivision (3) of this subsection] by a property carrier registration issued pursuant to sections 308.200 to 308.290 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] 308.020.

            [2. Notwithstanding any provisions of section 390.020, 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 this chapter and chapter 622, RSMo. Except as otherwise provided in this section, or when the context clearly requires otherwise, the provisions of section 390.020, and chapter 622, RSMo, which define words shall also apply to and determine the meaning of words used in sections 390.250 to 390.350.]

            [324.700.] 308.025. As used in sections [324.700 to 324.745] 308.500 to 308.575, unless the context provides otherwise, [the following terms shall mean:

            (1) "Division", the division of motor carrier and railroad safety;

            (2) "House", a dwelling or other structure intended for human habitat in excess of fourteen feet in width. A house does not include a manufactured home as defined in section 700.010, RSMo, or a modular unit;

            (3) "Housemover", a person actively engaged on a full-time basis in the intrastate movement of houses on public roads and highways of this state;

            (4) "Housemoving", engaging actively and directly on a full-time basis in the intrastate movement of houses on public roads and highways of this state;

            (5) "Person", an individual, corporation, partnership, association or any other business entity] "house" means a dwelling or other structure intended for human habitat in excess of fourteen feet in width. A house does not include a manufactured home as defined in section 700.010, RSMo, or a modular unit.

            [390.011. It is hereby declared that the legislation contained in this chapter is enacted] 308.030. It is the intent of the general assembly to enact the provisions of this chapter for the following purposes:

            (1) To promote safe, adequate, economical and efficient transportation;

            (2) To promote the most productive use of equipment and energy resources; [and]

            (3) To collect the fees and taxes due from motor carriers; and

            (4) To conserve the interests and convenience of the public.

No right, privilege, credential, or permit granted or obtained under or by virtue of the provisions of this chapter shall ever be construed as a vested right, privilege, credential, or permit; and the general assembly retains full legislative power over, concerning and pertaining to the subject or subjects legislated upon in this chapter and the power and right to alter, amend or repeal any provision of this chapter at its pleasure.

            [622.090.] 308.040. The jurisdiction, supervision, powers and duties of the [motor carrier and railroad safety division herein created and established] state highways and transportation commission shall extend under this chapter:

            (1) [To all railroads within this state, and to all transportation of persons or property thereon, and to the person or corporation owning, leasing, operating or controlling the same, and to every person, corporation and entity that offers for transportation by railroad within this state hazardous or toxic materials as defined under the laws of this state or of the United States;

            (2) To all street railroads within this state, and to all transportation of persons or property thereon, and to the person or corporation owning, leasing, operating or controlling the street railroad;

            (3) To the extent authorized in section 389.1005, RSMo, to the operation of light rail, as defined in section 386.020, RSMo, located wholly or in part within this state, and to all transportation of persons and their baggage on light rail within this state;

            (4) To such portion of the lines of any other railroad, light rail or street railroad as lie within this state, and to the person, corporation or entity owning, leasing, operating or controlling the same, so far as concerns the construction, maintenance, equipment, terminal facilities and local transportation facilities and local transportation of persons or property within this state;

            (5)] To all motor carriers[, railroad corporations, and street railroad corporations] operating or doing business within this state;

            [(6)] (2) To all persons, corporations or partnerships engaged in the transportation of property or freight within the state; and

            [(7)] (3) To all corporations and persons whatsoever subject to the provisions of chapters [387,] 388, 389, [390,] and 391, RSMo, and this chapter.

            [390.041.] 308.050. The [division of motor carrier and railroad safety] state highways and transportation commission is hereby vested with power and authority:

            (1) To license, supervise and regulate every [common or contract] motor carrier in this state; to make, fix or approve just and reasonable minimum, maximum, or minimum and maximum rates, fares and charges thereof; to make, fix or approve just and reasonable classifications, rules and regulations pertaining to rates, fares and charges thereof; by general order or otherwise, to establish reasonable requirements with respect to adequate and continuous service, uniform systems of accounts, records and reports, preservation of records; and to supervise and regulate every [common or contract] motor carrier in these and all other matters affecting their relationship with the public;

            (2) To inquire, for purposes of administration of the provisions of this chapter, into the management of the business of motor carriers, and into the management of the business of persons controlling, controlled by, or under common control with, motor carriers to the extent that the business of such persons is related to the management of the business of one or more motor carriers, and the [division] state highways and transportation commission may require from such motor carriers or persons such information as the [division] commission deems necessary to carry out the provisions of this chapter;

            (3) To establish just and reasonable classifications of types of carriers included in the term "common carriers" as the special nature of the services performed by such carriers shall require; including a separate classification for operations in vehicles licensed for a gross weight of nine thousand pounds or less; and by general order or otherwise, establish such just and reasonable rules, regulations and requirements, consistent with the provisions of this chapter to be observed by carriers so classified or grouped, as the [division] state highways and transportation commission deems necessary or desirable in the public interest;

            (4) To define, but not reduce, by general order or otherwise, after hearing, the limits of a commercial zone contiguous or adjacent to any point or municipality, giving due regard in defining the commercial zone to that area which is adjacent to and commercially a part of the point or municipality;

            (5) To enforce wholly within terminals the rules and regulations promulgated by the director of the department of public safety under section 307.400, RSMo, as they apply to motor vehicles.

            [390.045.] 308.070. 1. Duly authorized enforcement personnel of the [division] state highways and transportation commission may stop commercial motor vehicles when there is a probable cause that the operator has violated, or is violating, any part of this chapter, or the rules promulgated by the [division of motor carrier and railroad safety] state highways and transportation commission. Enforcement personnel may detain the vehicle and operator for a reasonable period of time to determine if in fact the commercial motor vehicle is in violation of this chapter or the rules promulgated by the [division] state highways and transportation commission. Information obtained during a stop may be used to file a complaint with the [director of the division through the general counsel of the division of motor carrier and railroad safety with an administrative law judge] administrative hearing commission to ascertain the legality of the commercial motor vehicle operation.

            2. Vehicles operated by [division of motor carrier and railroad safety] state highways and transportation commission enforcement personnel shall be considered emergency vehicles as defined in section 304.022, RSMo. Enforcement personnel of the [division of motor carrier and railroad safety] commission shall not have the right to bear firearms. Enforcement personnel shall be required to complete one hundred twenty hours of basic law enforcement training as required of peace officers as specified in chapter 590, RSMo.

            [390.350.] 308.075. 1. Notwithstanding any provisions of section [390.045,] 308.070 to the contrary, the [division] state highways and transportation commission 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 390.250 to 390.350] this section shall become effective unless it has been promulgated pursuant to the provisions of [section 536.024] chapter 536, RSMo.

            [390.151.] 308.090. No provision in [sections 390.011 to 390.176] this chapter shall be so construed as to deprive any county or municipality within this state of the right of police control over the use of its public highways, or the state highways and transportation commission of the right of police control over the use of the state highways.

            308.097. 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 sign along, adjacent to, or in line of vision of any main line track of a railroad in this state, except if it is shaded or shielded to prevent it from being observed from the line of vision as viewed from an approaching locomotive cab, or where it may cause confusion to the persons in the locomotive cab, thereby endangering the safe and efficient operation of such train or locomotive. The state highways and transportation commission 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.

            [390.201.] 308.110. 1. Subject to any exceptions which are applicable under section 307.400, RSMo, or subsection 6 of section [390.063] 308.420, the officers and commercial motor vehicle inspectors of the state highway patrol, the enforcement personnel of the [division of motor carrier and railroad safety] state highways and transportation commission, and other authorized peace officers of this state and any civil subdivision of this state[,] may enforce any of the provisions of Parts [350] 40, and 379 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] state highways and transportation commission shall be authorized to enforce those regulations wholly within the terminals of motor carriers and private carriers by motor vehicle.

            [622.240. 1.] 308.120. The [division] state highways and transportation commission 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] commission may prescribe, among other things, the installation, use, maintenance and operation of appropriate safety and other devices or appliances. The [division] commission may waive the requirements for notice and hearing and provide for expeditious issuance of an order in any case in which the [division] commission 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] commission 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.]

            [622.555.] 308.125. 1. The [division of motor carrier and railroad safety] state highways and transportation commission may grant a skill performance evaluation certificate to a person who is not physically qualified to drive under Code of Federal Regulations, Title 49, Section 391.41. A skill performance evaluation certificate granted pursuant to this section shall apply to intrastate transportation only. The skill performance evaluation certificate shall be in the possession of the commercial driver any time he or she is operating a commercial motor vehicle.

            2. A person who wishes to obtain a skill performance evaluation certificate under this section shall submit to the [division] state highways and transportation commission the following information:

            (1) The applicant's name, address, and telephone number;

            (2) The name, address, and telephone number of an employer co-applicant, if any;

            (3) A description of the applicant's experience in driving the type of vehicle to be operated under the skill performance evaluation certificate;

            (4) A description of the type of driving to be done under the skill performance evaluation certificate;

            (5) A description of any modifications to the vehicle the applicant intends to drive under the skill performance evaluation certificate that are designed to accommodate the applicant's medical condition or disability;

            (6) Whether the applicant has previously been granted another skill performance evaluation certificate pursuant to this section;

            (7) A copy of the applicant's current commercial driver's license;

            (8) A copy of a medical examiner's certificate showing that the applicant is medically unqualified to drive;

            (9) A statement from the applicant's treating physician that includes:

            (a) The extent to which the physician is familiar with the applicant's medical history;

            (b) A description of the applicant's medical condition for which a skill performance evaluation certificate is necessary;

            (c) Assurance that the applicant has the ability and willingness to follow any course of treatment prescribed by the physician, including the ability to self-monitor or manage the medical condition; and

            (d) The physician's professional opinion that the applicant's condition will not adversely affect the applicant's ability to operate a commercial motor vehicle safely; and

            (10) Any other information considered necessary by the [division] commission including requiring a physical examination or medical report from a physician who specializes in a particular field of medical practice.

            3. The [division of motor carrier and railroad safety] state highways and transportation commission shall promulgate rules and regulations to provide skill performance evaluation certificates for individuals who have failed to meet the specified federal driver's physical qualifications under 49 CFR 391.41. Any rule or regulation promulgated shall only authorize such individual to operate a commercial motor vehicle within Missouri. The regulations promulgated pursuant to this section may only be implemented if the United States Department of Transportation (USDOT) will not impose any sanctions, including funding sanctions, against the state.

            4. As used in this section, the term "skill performance evaluation certificate" means approval granted by the [division of motor carrier and railroad safety] state highways and transportation commission allowing a driver to drive commercial motor vehicles intrastate even though the driver may not meet the minimum federal fitness standards to drive commercial motor vehicles interstate.

            5. 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 shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, 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, 2002, shall be invalid and void.

            [390.030.] 308.200. 1. The provisions of [this chapter] sections 308.200 to 308.290, sections 308.400 to 308.497, and section 308.610 shall not apply to:

            (1) School buses;

            (2) Taxicabs;

            (3) Motor vehicles while being used exclusively to transport;

            (a) Stocker and feeder livestock from farm to farm, or from market to farm,

            (b) Farm or dairy products including livestock from a farm or dairy,

            (c) Agricultural limestone or fertilizer to farms,

            (d) Property from farm to farm,

            (e) Raw forest products from farm, or

            (f) Cotton, cottonseed, and cottonseed hulls;

            (4) Motor vehicles when operated under contract with the federal government for carrying the United States mail and when on a trip provided in the contract;

            (5) Motor vehicles used solely in the distribution of newspapers from the publisher to subscribers or distributors;

            (6) The transportation of passengers or property performed by a carrier pursuant to a contract between the carrier and the state of Missouri or any civil subdivision thereof, where the transportation services are paid directly to the carrier by the state of Missouri or civil subdivision;

            (7) Freight-carrying motor vehicles duly registered and licensed in conformity with the provisions of chapter 301, RSMo, for a gross weight of six thousand pounds or less;

            (8) The transportation of passengers or property wholly within a municipality, or between contiguous municipalities, or within a commercial zone as defined in section [390.020] 308.020, or within a commercial zone established by the [division of motor carrier and railroad safety] state highways and transportation commission pursuant to the provisions of subdivision (4) of section [390.041] 308.050; provided, the exemption in this subdivision shall not apply to motor carriers of persons operating to, from or between points located wholly or in part in counties now or hereafter having a population of more than three hundred thousand persons, where such points are not within the same municipality and to motor carriers of commodities in bulk to include liquids, in tank or hopper-type vehicles, and in a commercial zone as defined herein or by the [division] commission;

            (9) Street railroads and public utilities other than common carriers as defined in section [386.020] 389.011, RSMo;

            (10) Motor vehicles whose operations in the state of Missouri are interstate in character and are limited exclusively to a municipality and its commercial zone;

            (11) Motor vehicles, commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing or otherwise rendering assistance to abandoned, disabled or wrecked vehicles;

            (12) Motor vehicles while being used solely by a group of employees to commute to and from their place or places of employment, except that the motor vehicle must be driven by a member of the group.

            2. Nothing contained in this section shall be deemed to exempt the vehicles of driveaway operators.

            3. Except for the provisions of subdivision (5) of section [390.041] 308.050, the provisions of [this chapter] sections 308.200 to 308.290, sections 308.400 to 308.497, and section 308.610 shall not apply to private carriers.

            4. No agency of state government nor any county or municipality or their agencies shall discriminate against any motor carrier or private carrier or deny any such carrier operating a motor vehicle public access to any building, facility or area owned by or operated for the public unless such discrimination or denial is based solely on reasonable vehicle size or weight considerations. The provisions of this subsection shall only apply in cities not within a county and first class counties with a charter form of government which adjoin any city not within a county.

            [390.260. 1.] 308.210. The [division] state highways and transportation commission 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 390.250 to 390.350] by law.

            2. Except as preempted by [section 601 of the Federal Aviation Administration Authorization Act of 1994] 49 U.S.C. Section 14501(c), the powers, duties and functions of the [division] state highways and transportation commission with reference to motor vehicles or common carriers pursuant to the provisions of this chapter [and chapters 386, 387 and 622, RSMo,] that are not inconsistent with the provisions of sections [390.250 to 390.350,] 308.210 to 308.290 are hereby made applicable to the [division] commission with reference to registered property carriers, including the [division's] commission'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] 308.400 to 308.497 shall not apply to the transportation of property in intrastate commerce, except with reference to household goods as defined in section [390.250] 308.023.

            [390.280.] 308.220. 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 of motor carrier and railroad safety on December 31, 1994, and persons to whom the division issued certificates and permits after December 31, 1994, or the state highways and transportation commission issued after July 11, 2002, pursuant to emergency rules adopted by the division or the commission, 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 [390.290] 308.240 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] state highways and transportation commission the person is deemed to have a property carrier registration in force as required pursuant to section [390.270] 308.230, 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 August 28, 1996, the division] The state highways and transportation commission 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 August 28, 1996. A person may file an application for property carrier registration pursuant to section [390.290] 308.240 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 this chapter [260, RSMo].

            [390.270.] 308.230. Except as otherwise provided in section [390.030] 308.200, 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] state highways and transportation commission pursuant to the provisions of sections [390.260 to 390.350] 308.200 to 308.290, which authorizes such transportation.

            [390.290.] 308.240. 1. Every application for a property carrier registration pursuant to sections [390.250 to 390.350] 308.200 to 308.290 shall be completed and filed in the form and manner prescribed by rule of the [division] state highways and transportation commission, shall be verified by the applicant under penalty of perjury and shall not be filed by the [division] commission 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] commission 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] commission in accordance with rules of the [division] commission pursuant to section [390.126] 308.260;

            (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] commission pursuant to section [390.136] 308.280; and

            (3) Information required by rule of the [division] commission 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] The state highways and transportation commission shall determine without a hearing on the basis of the information filed by the applicant, evidence submitted by [the division] commission staff, and any other information received by the [division] commission 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] commission 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] commission determines that the information on record concerning the applicant's qualifications is not adequate to finally determine the application, the [division] commission may investigate the applicant's qualifications more thoroughly before [the administrative law judge makes] making a final determination of the application. If the [administrative law judge or the division staff opposes] commission denies the issuance of a property carrier registration, then a hearing shall be held by the administrative hearing commission, not more than twenty days after a request for hearing is filed by the applicant to the administrative hearing commission unless continued by the administrative hearing commission, to determine the merits of the application and whether a property carrier registration shall be issued. The administrative [law judge] hearing commission shall determine the application not more than forty-five days after the close of the hearing, or else the application shall be approved, unless continued by the administrative hearing commission.

            3. The [division] state highways and transportation commission shall not restrict the property carrier registration with reference to any specific commodities, routes or service, except that the [division] commission 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] commission 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.

            [390.300.] 308.250. 1. A property carrier registration, including any certificate or permit, or both, which pursuant to section [390.280] 308.220 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] state highways and transportation commission as provided in this section. The [division] commission 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] commission; and

            (3) The [division] commission finds that the transferee is in all respects qualified as required of an applicant for a new property carrier registration pursuant to section [390.290] 308.240.

            2. Upon approval of the transfer of a property carrier registration pursuant to subsection 1 of this section, the [division] state highways and transportation commission shall transfer the property carrier registration in its entirety, except that the [division] commission 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] commission 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 [390.290] 308.240 to transport additional hazardous materials.

            [390.126.] 308.260. 1. No motor carrier shall operate any motor vehicle on any public highway in this state until after such carrier shall have filed with, and same has been approved by the [division] state highways and transportation commission, a certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a liability insurance policy or bond in some reliable insurance company or association or other insurer satisfactory to the [division] commission and authorized to transact insurance business in this state, in such forms and upon such conditions as the [division] commission may deem necessary adequately to protect the interests of the public in the use of the public highways and with due regard to the number of persons and amount of property transported, which liability insurance shall bind the obligors thereunder to make compensation for injuries to persons and loss of or damage to property resulting from the negligent operation of such motor carrier; provided, that any motor carrier who shall furnish annually to the [division] commission, and at such other times as may be required, satisfactory proof and evidence of such carrier's financial ability to properly protect the interests of the public and pay compensation for injuries to persons and loss or damage to property, on account of or arising out of negligent operation of such carrier's business, shall not be required to furnish liability insurance policy or bond therefor.

            2. No other or additional policies, bonds or licenses than those prescribed in this chapter shall be required of any motor carrier to which the provisions of this chapter apply by any city, town or other subdivision of the state; provided, that this section shall not be so construed as to interfere with the right of any county, city or other civil subdivision of the state, to levy and collect any property tax to which such motor carrier is liable under the general revenue laws of this state within such county, city or other civil subdivision wherein the property of such motor carrier may be subject to assessment and taxation.

            [390.128.] 308.270. 1. To assist motor carriers in certifying their motor vehicle financial responsibility as required pursuant to this chapter [and chapter 622, RSMo, the division of motor carrier and railroad safety within the state department of economic development], the state highways and transportation commission shall provide by rule for the electronic filing by insurance companies of certificates of insurance required by section [390.126, RSMo] 308.260. The [division] commission may provide by rule for the confirmation of coverage by insurance companies authorized to do business in the state through national clearinghouses or private databases. The [division] commission may provide by rule for the acceptance of proof of insurance from insurance companies located outside of the state.

            2. 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 shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, 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, 2000, shall be invalid and void.

            [390.136.] 308.280. 1. No motor carrier, except as otherwise provided [in section 390.030] by law, shall operate any motor vehicle unless such vehicle shall be accompanied by an annual or seventy-two-hour license issued by the [motor carrier and railroad safety division of the department of economic development provided] state highways and transportation commission; except 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 license shall be ten dollars and shall be due and payable on or before the last day of February of each calendar year. Such annual license shall be issued after October first of each year in such form and shall be used pursuant to such reasonable rules and regulations as the [division of motor carrier and railroad safety] commission may, by general order or otherwise, prescribe.

            2. Any annual 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] state highways and transportation commission 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 in such form and shall be used pursuant to such reasonable rules and regulations as the [division] commission may, by general order or otherwise, 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] commission, upon the issuance of such license or licenses provided for in this section, [shall notify the director of revenue, who] shall receive the license fee or fees and immediately deposit the same [with the state treasurer in the state highway] to the credit of the state highways and transportation department fund except when an agreement has been negotiated with another jurisdiction whereby prepayment is not required. In such cases, the term 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 fee may be paid at any state weigh station.

            [390.340.] 308.283. Notwithstanding any provisions of section [390.136,] 308.280 to the contrary, beginning [with the first calendar year after] August 28, [1996] 2003, the annual licenses required pursuant to section [390.136,] 308.280 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] state highways and transportation commission shall 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.

            [390.138.] 308.290. 1. In the event of the mutilation or destruction of an annual license issued by the [division] state highways and transportation commission pursuant to section 308.280, the lawful holder thereof may file with the [motor carrier and railroad safety division] commission an affidavit showing such fact and shall, on the surrender of that portion of the mutilated, damaged or worn license on which is imprinted the serial number, and the payment of a fee of one dollar, obtain a duplicate or replacement of such license under such rules and regulations as the [division] commission may prescribe.

            2. Whenever a law enforcement officer observes an annual license issued by the [motor carrier and railroad safety division] state highways and transportation commission to be in such condition as to hinder or make difficult identification of same, [he] the officer shall notify the [division] commission and instruct the owner to apply for a duplicate or replacement. If the owner has not made application within fifteen days, the [division] commission may cancel such license and notify the owner and such cancellation shall remain in force until the application has been filed.

            [260.395.] 308.305. 1. [After six months from the effective date of the standards, rules and regulations adopted by the commission pursuant to section 260.370,] It shall be unlawful for any person to transport any hazardous waste in this state without first obtaining a hazardous waste transporter license. Any person transporting hazardous waste in this state shall file an application for a license pursuant to this subsection which shall:

            (1) Be submitted on a form provided [for this purpose by the department] by the state highways and transportation commission and shall furnish the [department] commission with such equipment identification and data as may be necessary to demonstrate to the satisfaction of the department that equipment engaged in such transportation of hazardous waste, and other equipment as designated in rules and regulations pursuant to this chapter and sections 260.350 to [260.430] 260.434, RSMo, is adequate to provide protection of the health of humans and the environment and to comply with the provisions of any federal hazardous waste management act and sections 260.350 to [260.430] 260.434, RSMo, and the standards, rules and regulations adopted pursuant to this chapter and sections 260.350 to [260.430] 260.434, RSMo. If approved by the [department] commission, this demonstration of protection may be satisfied by providing certification that the equipment so identified meets and will be operated in accordance with the rules and regulations of the [Missouri public service] state highways and transportation commission and the federal Department of Transportation for the transportation of the types of hazardous materials for which it will be used;

            (2) Include, as specified by rules and regulations, demonstration of financial responsibility, including, but not limited to, guarantees, liability insurance, posting of bond or any combination thereof which shall be related to the number of units, types and sizes of equipment to be used in the transport of hazardous waste by the applicant;

            (3) Include, as specified in rules and regulations, a fee payable to the state of Missouri which shall consist of an annual application fee, plus an annual use fee based upon tonnage, mileage or a combination of tonnage and mileage. The fees established pursuant to this subdivision shall be set to generate, as nearly as is practicable, six hundred thousand dollars annually. No fee shall be collected pursuant to this subdivision from railroads that pay a fee pursuant to subsection [19 of this section] 13 of section 260.398. Fees collected pursuant to this subdivision shall be deposited in the hazardous waste fund created pursuant to section 260.391, RSMo.

            2. If the [department] commission determines the application conforms to the provisions of any federal hazardous waste management act and sections 260.350 to [260.430] 260.434, RSMo, and the standards, rules and regulations adopted pursuant to this chapter and sections 260.350 to [260.430] 260.434, RSMo, it shall issue the hazardous waste transporter license with such terms and conditions as it deems necessary to protect the health of humans and the environment. The [department] commission shall act within ninety days after receipt of the application. If the [department] commission denies the license, it shall issue a report to the applicant stating the reason for denial of the license.

            3. A license may be suspended or revoked whenever the [department] commission determines that the equipment is or has been operated in violation of any provision of this chapter or sections 260.350 to [260.430] 260.434, RSMo, or any standard, rule or regulation, order, or license term or condition adopted or issued pursuant to this chapter or sections 260.350 to [260.430] 260.434, RSMo, poses a threat to the health of humans or the environment, or is creating a public nuisance.

            4. Whenever a license is issued, renewed, denied, suspended or revoked by the [department] commission, any aggrieved person, by petition filed with the [department] commission within thirty days of the decision, may appeal such decision and shall be entitled to a hearing as provided in section [260.400] 621.040, RSMo.

            5. A license shall be issued for a period of one year and shall be renewed upon proper application by the holder and a determination by the [department] commission that the applicant is in compliance with all provisions of this chapter and sections 260.350 to [260.430] 260.434, RSMo, and all standards, rules and regulations, orders and license terms and conditions adopted or issued pursuant to this chapter and sections 260.350 to [260.430] 260.434, RSMo.

            6. A license is not required for the transport of any hazardous waste on the premises where it is generated or onto contiguous property owned by the generator thereof, or for those persons exempted in section 260.380, RSMo. Nothing in this subsection shall be interpreted to preclude the [department] commission from inspecting unlicensed hazardous waste transporting equipment and to require that it be adequate to provide protection for the health of humans and the environment.

            [7. After six months from the effective date of the standards, rules and regulations adopted by the commission pursuant to section 260.370, it shall be unlawful for any person to construct, substantially alter or operate, including postclosure activities and operations specified in the rules and regulations, a hazardous waste facility without first obtaining a hazardous waste facility permit for such construction, alteration or operation from the department. Such person must submit to the department at least ninety days prior to submitting a permit application a letter of intent to construct, substantially alter or operate any hazardous waste disposal facility. The person must file an application within one hundred eighty days of the filing of a letter of intent unless granted an extension by the commission. The department shall publish such letter of intent as specified in section 493.050, RSMo, within ten days of receipt of such letter. The letter shall be published once each week for four weeks in the county where the hazardous waste disposal facility is proposed. Once such letter is submitted, all conditions for the permit application evaluation purposes in existence as of the date of submission shall be deemed frozen, in that no subsequent action by any person to change such conditions in an attempt to thwart a fair and impartial decision on the application for a permit shall be allowed as grounds for denial of the permit. Any person before constructing, substantially altering or operating a hazardous waste facility in this state shall file an application for a permit which shall:

            (1) Be submitted on a form provided for this purpose by the department and shall furnish the department with plans, specifications and such other data as may be necessary to demonstrate to the satisfaction of the department that such facility does or will provide adequate protection of the health of humans and the environment and does or will comply with the provisions of any federal hazardous waste management act and sections 260.350 to 260.430 and the standards, rules and regulations adopted pursuant to sections 260.350 to 260.430;

            (2) Include plans, designs, engineering reports and relevant data for construction, alteration or operation of a hazardous waste facility, to be submitted to the department by a registered professional engineer licensed by this state;

            (3) Include, as specified by rules and regulations, demonstration of financial responsibility, including, but not limited to, guarantees, liability insurance, posting of bond or any combination thereof, which shall be related to type and size of facility;

            (4) Include such environmental and geologic information, assessments and studies as required by the rules and regulations of the commission;

            (5) Submit with the application for a hazardous waste disposal or treatment facility a profile of the environmental and economic characteristics of the area as required by the commission, including the extent of air pollution and groundwater contamination; and a profile of the health characteristics of the area which identifies all serious illness, the rate of which exceeds the state average for such illness, which might be attributable to environmental contamination;

            (6) Include a fee payable to the state of Missouri which shall not exceed one thousand dollars, which shall cover the first year of the permit, if issued, but which is not refundable. If the permit is issued for more than one year, a fee equal in amount to the first year's fee shall be paid to the state of Missouri prior to issuance of the permit for each year the permit is to be in effect beyond the first year;

            (7) The department shall supervise any field work undertaken to collect geologic and engineering data for submission with the application. The state geologist and departmental engineers shall review the geologic and engineering plans, respectively, and attest to their accuracy and adequacy. The applicant shall pay all reasonable costs, as determined by the commission, incurred by the department pursuant to this subsection.

            8. (1) Prior to issuing or renewing a hazardous waste facility permit, the department shall issue public notice by press release or advertisement and shall notify all record owners of adjoining property by mail directed to the last known address, and the village, town or city, if any, and the county in which the hazardous waste facility is located; and, upon request, shall hold a public hearing after public notice as required in this subsection at a location convenient to the area affected by the issuance of the permit.

            (2) Prior to issuing, reviewing every five years as required in subsection 12 of this section, or renewing a hazardous waste disposal facility permit the department shall issue public notice by press release and advertisement and shall notify all record owners of property, within one mile of the outer boundaries of the site, by mail directed to the last known address; and shall hold a public hearing after public notice as required in this subsection at a location convenient to the area affected by the issuance of the permit.

            9. If the department determines that the application conforms to the provisions of any federal hazardous waste management act and sections 260.350 to 260.430 and the standards, rules and regulations adopted pursuant to sections 260.350 to 260.430, it shall issue the hazardous waste facility permit, with such terms and conditions and require such testing and construction supervision as it deems necessary to protect the health of humans or the environment. The department shall act within one hundred and eighty days after receipt of the application. If the department denies the permit, it shall issue a report to the applicant stating the reason for denial of a permit.

            10. A permit may be suspended or revoked whenever the department determines that the hazardous waste facility is, or has been, operated in violation of any provision of sections 260.350 to 260.430 or any standard, rule or regulation, order or permit term or condition adopted or issued pursuant to sections 260.350 to 260.430, poses a threat to the health of humans or the environment or is creating a public nuisance.

            11. Whenever a permit is issued, renewed, denied, suspended or revoked by the department, any aggrieved person, by petition filed with the department within thirty days of the decision, may appeal such decision and shall be entitled to a hearing as provided in section 260.400.

            12. A permit shall be issued for a fixed term, which shall not exceed ten years in the case of any land disposal facility, storage facility, incinerator, or other treatment facility. Each permit for a land disposal facility shall be reviewed five years after the date of its issuance or reissuance and shall be modified as necessary to assure that the facility continues to comply with the currently applicable requirements of federal and state law. Nothing in this subsection shall preclude the department from reviewing and modifying a permit at any time during its term. Review of any application for a permit renewal shall consider improvements in the state of control and measurement technology as well as changes in applicable regulations. Each permit issued pursuant to this section shall contain such terms and conditions as the department determines necessary to protect human health and the environment, and upon proper application by the holder and a determination by the department that the applicant is in compliance with all provisions of sections 260.350 to 260.430 and all standards, rules and regulations, orders and permit terms and conditions adopted or issued pursuant to sections 260.350 to 260.430.

            13. A hazardous waste facility permit is not required for:

            (1) On-site storage of hazardous wastes where such storage is exempted by the commission by rule or regulation; however, such storage must conform to the provisions of any federal hazardous waste management act and sections 260.350 to 260.430 and the applicable standards, rules and regulations adopted pursuant to sections 260.350 to 260.430 and any other applicable hazardous materials storage and spill-prevention requirements provided by law;

            (2) A publicly owned treatment works which has an operating permit pursuant to section 644.051, RSMo, and is in compliance with that permit;

            (3) A resource recovery facility which the department certifies uses hazardous waste as a supplement to, or substitute for, nonwaste material, and that the sole purpose of the facility is manufacture of a product rather than treatment or disposal of hazardous wastes;

            (4) That portion of a facility engaged in hazardous waste resource recovery, when the facility is engaged in both resource recovery and hazardous waste treatment or disposal, provided the owner or operator can demonstrate to the department's satisfaction and the department finds that such portion is not intended and is not used for hazardous waste treatment or disposal.

            14. Facilities exempted pursuant to subsection 13 of this section must comply with the provisions of subdivisions (3) to (7) of section 260.390 and such other requirements, to be specified by rules and regulations, as are necessary to comply with any federal hazardous waste management act or regulations hereunder. Generators who use such an exempted facility shall keep records of hazardous wastes transported, except by legal flow through sewer lines, to the facility and submit such records to the department in accordance with the provisions of section 260.380 and the standards, rules and regulations adopted pursuant to sections 260.350 to 260.430. Any person, before constructing, altering or operating a resource recovery facility in this state shall file an application for a certification. Such application shall include:

            (1) Plans, designs, engineering reports and other relevant information as specified by rule that demonstrate that the facility is designed and will operate in a manner protective of human health and the environment; and

            (2) An application fee of not more than five hundred dollars for a facility that recovers waste generated at the same facility or an application fee of not more than one thousand dollars for a facility that recovers waste generated at off-site sources. Such fees shall be deposited in the hazardous waste fund created in section 260.391.

The department shall review such application for conformance with applicable laws, rules and standard engineering principles and practices. The applicant shall pay to the department all reasonable costs, as determined by the commission, incurred by the department pursuant to this subsection. All such funds shall be deposited in the hazardous waste fund created in section 260.391.

            15. The owner or operator of any hazardous waste facility in existence on September 28, 1977, who has achieved federal interim status pursuant to 42 U.S.C. 6925(e), and who has submitted to the department Part A of the federal facility permit application, may continue to receive and manage hazardous wastes in the manner as specified in the Part A application, and in accordance with federal interim status requirements, until completion of the administrative disposition of a permit application submitted pursuant to sections 260.350 to 260.430. The department may at any time require submission of, or the owner or operator may at any time voluntarily submit, a complete application for a permit pursuant to sections 260.350 to 260.430 and commission regulations. The authority to operate pursuant to this subsection shall cease one hundred eighty days after the department has notified an owner or operator that an application for permit pursuant to sections 260.350 to 260.430 must be submitted, unless within such time the owner or operator submits a completed application therefor. Upon submission of a complete application, the authority to operate pursuant to this subsection shall continue for such reasonable time as is required to complete the administrative disposition of the permit application. If a facility loses its federal interim status, or the Environmental Protection Agency requires the owner or operator to submit Part B of the federal application, the department shall notify the owner or operator that an application for a permit must be submitted pursuant to this subsection. In addition to compliance with the federal interim status requirements, the commission shall have the authority to adopt regulations requiring persons operating pursuant to this subsection to meet additional state interim status requirements.

            16. A license or permit shall not be issued to any person who is determined by the department to habitually engage in or to have habitually engaged in hazardous waste management practices which pose a threat to the health of humans or the environment or who is determined by the department to habitually violate or to have habitually violated the requirements of the Missouri solid or hazardous waste laws, the solid or hazardous waste laws of other states or federal laws pertaining to hazardous waste. Nor shall a license or permit be issued to any person who has been adjudged in contempt of any court order enforcing the provisions of the Missouri solid or hazardous waste laws, the solid or hazardous waste laws of other states or federal laws pertaining to hazardous waste or who has offered, in person or through an agent, any inducement, including any discussion of potential employment opportunities, to any employee of the department when such person has an application for a permit pending or a permit under review. For the purposes of this subsection, the term "person" shall include any officer or management employee of the applicant, or any officer or management employee of any corporation or business which owns an interest in the applicant, or any officer or management employee of any business which is owned either wholly or in part by any person, corporation, or business which owns an interest in the applicant.

            17. No person, otherwise qualified pursuant to sections 260.350 to 260.430 for a license to transport hazardous wastes or for a permit to construct, substantially alter or operate a hazardous waste facility, shall be denied such license or permit on the basis of a lack of need for such transport service or such facility because of the existence of other services or facilities capable of meeting that need; except that permits for hazardous waste facilities may be denied on determination made by the department that the financial resources of the persons applying are such that the continued operation of the sites in accordance with sections 260.350 to 260.430 cannot be reasonably assured or on determination made by the department that the probable volume of business is insufficient to ensure and maintain the solvency of then existing permitted hazardous waste facilities.

            18. All hazardous waste landfills constructed after October 31, 1980, shall have a leachate collection system. The rules and regulations of the commission shall treat and protect all aquifers to the same level of protection. The provisions of this subsection shall not apply to the disposal of tailings and slag resulting from mining, milling and primary smelting operations.             19. Any railroad corporation as defined in section 388.010, RSMo, that transports any hazardous waste as defined in section 260.360 or any hazardous substance as defined in section 260.500 shall pay an annual fee of three hundred fifty dollars. Fees collected pursuant to this subsection shall be deposited in the hazardous waste fund created in section 260.391.]

            308.310. 1. The state highways and transportation commission shall issue permits for the hauling of waste tires in accordance with section 260.270, RSMo, and this section.

            2. No person shall transport waste tires for consideration within this state unless permitted as a waste hauler by the state highways and transportation commission pursuant to this section.

            3. The state highways and transportation commission may promulgate rules pertaining to the transportation of waste tires. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536, RSMo.

            [260.278.] 308.320. 1. A person who has, within the preceding twenty-four months, been found guilty or pleaded guilty to a violation of section 260.270, RSMo, or sections 308.305 to 308.350 which involves the transport of waste tires may not be granted a permit to transport waste tires unless the person seeking the permit has provided to the [department] state highways and transportation commission a performance bond or letter of credit as provided under this section.

            2. The bond or letter shall be conditioned upon faithful compliance with the terms and conditions of the permit and section 260.270, RSMo, and sections 308.305 to 308.350, and shall be in the amount of ten thousand dollars.

            3. Such performance bond, placed on file with the [department] commission, shall be in one of the following forms:

            (1) A performance bond, payable to the [department] commission and issued by an institution authorized to issue such bonds in this state; or

            (2) An irrevocable letter of credit issued in favor of and payable to the [department] commission from a commercial bank or [savings and loan] financial institution having an office in the state of Missouri.

            4. Upon a determination by the [department] commission that a person has violated the terms and conditions of the permit or section 260.270, RSMo, or sections 308.305 to 308.350, the [department] commission shall notify the person that the bond or letter of credit shall be forfeited and the moneys placed in an appropriate subaccount of the solid waste management fund, created under section 260.330, RSMo, for remedial action.

            5. The [department] commission shall expend whatever portion of the bond or letter of credit necessary to [conduct] finance resource recovery or nuisance abatement activities to alleviate any condition resulting from a violation of section 260.270, RSMo, or sections 308.305 to 308.350 or the terms and conditions of a permit.

            6. The requirement for a person to provide a performance bond or a letter of credit under this section shall cease for that person after two consecutive years in which the person has not been found guilty or pleaded guilty to a violation of section 260.270, RSMo, or sections 308.305 to 308.350.

            308.330. 1. No person shall transport any hazardous waste in this state unless such person has obtained a hazardous waste transporter license from the state highways and transportation commission.

            2. The commission shall issue hazardous waste transporter licenses in accordance with this chapter and chapter 260, RSMo.

            3. The state highways and transportation commission may promulgate rules pertaining to the transportation of hazardous waste. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536, RSMo.

            [260.385. After six months from the effective date of the standards, rules and regulations adopted by the commission pursuant to section 260.370,] 308.350. Hazardous waste transporters shall:

            (1) Not transport any hazardous waste in this state without first obtaining a hazardous waste transporter license from the [department] state highways and transportation commission as specified in [section 260.395] sections 308.305 and 308.330;

            (2) Use and operate equipment which has been approved by the [department] commission and follow procedures, when transporting hazardous wastes, which meet all applicable state and federal regulations and standards for the transportation of hazardous materials and all applicable standards, rules and regulations adopted under sections 260.350 to [260.430] 260.434, RSMo, and section 308.330, and all terms and conditions of their license;

            (3) Unless otherwise provided in sections [260.350 to 260.430] 308.305 to 308.350 or the rules and regulations adopted hereunder, accept only shipments of hazardous waste that are accompanied by a manifest, provided by the generator, that has been completed and signed by the generator in accordance with the rules and regulations adopted under sections 260.350 to [260.430] 260.434, RSMo, and this chapter;

            (4) Complete, sign and file the transporter portion of the manifest as specified in rules and regulations adopted under sections 260.350 to [260.430] 260.434, RSMo, and this chapter;

            (5) Deliver hazardous waste and the accompanying manifest only to the destination specified by the generator on the manifest, which destination must be a hazardous waste facility holding a permit under sections 260.350 to [260.430] 260.434, RSMo, or the federal Resource Conservation and Recovery Act, or a state hazardous waste management program authorized under the federal Resource Conservation and Recovery Act, or a resource recovery or other facility exempted from the permit requirement, and in accordance with provisions which apply under [section 260.395] sections 308.305 and 308.330, and rules and regulations adopted hereunder;

            (6) Collect and maintain such records and submit such reports as specified in sections [260.350 to 260.430] 308.305 to 308.350, and in rules and regulations and terms and conditions of their license adopted or issued hereunder;

            (7) Make available to the [department] commission upon request made during transportation, samples of wastes transported and all records relating to hazardous waste transportation, for inspection and copying, and allow the [department] commission to make unhampered inspections at any reasonable time of all facilities and equipment.

            [387.010.] 308.400. The provisions of [this chapter] sections 308.400 to 308.497 shall only apply to the transportation of passengers or household goods from one point to another within this state, and to any motor carrier, as defined in section [390.020, RSMo] 308.020, performing such service. The provisions of [this chapter] sections 308.400 to 308.497 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.

            [390.051.] 308.405. 1. Except as otherwise provided in section [390.030] 308.200 or 308.400, no person shall engage in the business of a common carrier in intrastate commerce on any public highway in this state unless there is in force with respect to such carrier a certificate issued by the [division] state highways and transportation commission authorizing such operations.

            2. Application for a certificate shall be made in writing to the [division] commission and shall contain such information as the [division] commission shall, by rule, require and shall include:

            (1) Full information concerning the ownership, financial condition of applicant, equipment to be used and a statement listing the physical equipment of applicant and the reasonable value thereof;

            (2) The complete route or routes over which the applicant desires to operate, or territory to be served;

            (3) The proposed rates, schedule or schedules, or timetable of the applicant.

            3. Except as provided for in subsection 4 of this section, if the [division] commission finds that an applicant seeking to transport general and specialized commodities in truckload lots, agricultural commodities in bulk in dump trucks or passengers in charter service is fit, willing and able to properly perform the service proposed and to conform to the provisions of this chapter and the requirements, rules and regulations of the [division] commission established thereunder, a certificate therefor shall be issued.

            4. If the [division] commission finds that an applicant seeking to transport[:

            (1) General and specialized commodities in less-than-truckload lots;

            (2) Commodities in bulk in dump trucks, other than agricultural commodities in bulk in dump trucks, as defined in section 390.020;

            (3) Mobile homes;

            (4) Household goods;

            (5) Passengers other than in charter service;

            (6) Gasoline, fuel oil or liquefied petroleum gas;

            (7) Boats;]

is fit, willing and able to properly perform the service proposed, and to conform to the provisions of this chapter and the [requirement] requirements, rules and regulations of the [division] commission, and that the service proposed will serve a useful present or future public purpose, a certificate therefor specifying the service authorized shall be issued, unless the [division] commission finds on the basis of evidence presented by persons objecting to the issuance of a certificate that the transportation to be authorized by the certificate will be inconsistent with the public convenience and necessity, subject to review by the administrative hearing commission.

            5. In making findings under subsection 4 of this section, the [division] state highways and transportation commission shall consider the testimony of the applicant, the proposed users of the service contemplated by the applicant, and any other relevant testimony or evidence, and the [division] commission shall consider[,] and, to the extent applicable, make findings on at least the following:

            (1) The transportation policy of section [390.011] 308.030; and

            (2) The criteria set forth in this subsection.

In cases where persons object to the issuance of a certificate, the diversion of revenue or traffic from existing carriers shall be considered.

            6. The [division] state highways and transportation commission shall streamline and simplify to the maximum extent practicable the process for issuance of certificates to which the provisions of this section apply.

            7. The [division] state highways and transportation commission shall dismiss on its motion any application for substantially the same common or contract authority that has been previously denied within six months of filing the subsequent application.

            [390.061.] 308.410. 1. Except as otherwise provided in [section 390.030] sections 308.200 and 308.400, no person shall engage in the business of a contract carrier in intrastate commerce on any public highway in this state unless there is in force with respect to such carrier a permit issued by the [division of motor carrier and railroad safety] state highways and transportation commission authorizing such operations.

            2. Applications for such permits shall be made to the [division] commission in writing and shall contain such information as the [division] commission shall, by rule, require and shall include:

            (1) Full information concerning the ownership, financial condition of applicant, equipment to be used and a statement listing the physical equipment of applicant and the reasonable value thereof;

            (2) The complete route or routes over which the applicant desires to operate, or territory to be served.

            3. If the [division] commission shall find that the applicant is seeking to transport [general and specialized commodities in truckload lots, agricultural commodities in bulk, or] passengers in charter service, and is fit, willing and able to properly perform the service proposed and to conform to the provisions of this chapter and the requirements, rules and regulations of the [division] commission thereunder, a permit therefor shall be issued.

            4. If the [division] commission finds that an applicant seeking to transport commodities or passengers as described in subsection 4 of section [390.051] 308.405 is fit, willing and able to properly perform the service proposed, and to conform to the provisions of this chapter and the requirements, rules and regulations of the [division] commission, and that the service proposed will serve a useful present or future purpose, a permit therefor specifying the service authorized shall be issued, unless the [division] commission finds on the basis of [evidence] information presented by persons objecting to the issuance of a permit that the transportation to be authorized by the permit will be inconsistent with the public convenience and necessity, subject to review by the administrative hearing commission.

            5. Any permit issued under this section shall specify the service to be rendered, the contracting parties, and the points or area to be served.

            6. The [division] state highways and transportation commission will not have jurisdiction over contract rates. A copy of the original contract must be filed with the [division] commission prior to issuance of a permit. In the event the applicant chooses not to disclose contract rates in the application, the contract shall contain in lieu of rates a specific provision which incorporates by reference a schedule of rates, in writing, to be effective between carrier and shipper. Current contracts and rate schedules must be maintained by the carrier and contracting shippers. A contract permit, authorizing the transportation of [commodities or] passengers other than as described in subsection 4 of section [390.051] 308.405, may be amended to include additional contracting parties by the filing of said contracts with the [division] commission and acknowledgment by the [division] commission.

            [390.062.] 308.415. 1. The [division] state highways and transportation commission, upon the filing of an application for a certificate under subsection 4 of section [390.051] 308.405, a permit under subsection 4 of section [390.061] 308.410, or the institution of a proceeding involving rate relief, except as provided in section [390.081] 308.425, shall cause notice thereof to be published and served by the mailing of a notice register showing the name and address of the party filing the [pleading] application, the name and address of the attorney, the [division's docket] commission's assigned number and a concise statement of the issues contained therein. Any interested party may obtain a copy of the [pleading] application upon request to the [director of the division] commission.

            2. Within fifteen days of the publication of an application, or other proceeding, any interested party may file a motion to intervene specifically setting forth its interest therein, including a statement of its authority, and that it is providing service thereunder.

            3. If the proceeding is unopposed, the [division] state highways and transportation commission may, in its discretion, take evidence by verified statement, and without hearing or other proceedings issue its final order.

            4. If the proceeding is opposed, the [division] state highways and transportation commission shall [assign] transfer the matter to the administrative hearing commission for hearing to be held no later than forty-five days after filing unless an applicant requests or consents to a continuance, or in the alternative, the administrative hearing commission may require the parties to adduce the evidence by verified statement and assign the matter for hearing to resolve factual conflicts.

            5. The [division] administrative hearing commission shall issue its final order granting or denying the relief sought in whole or in part within ninety days after the submission of final arguments or else stand approved.

            [6. In the event the division shall designate an application as one of a complex nature requiring a substantial record, the division may, upon making such written finding, extend the period of time for issuing a decision an additional thirty days.]

            [390.063.] 308.420. 1. As used in [this chapter] sections 308.400 to 308.497, the following terms mean:

            (1) "Elderly", any person who is sixty years of age or older;

            (2) "Handicapped", any person having a physical or mental condition, either permanent or temporary, which would substantially impair ability to operate or utilize available transportation; and

            (3) "Urbanized area", an area so designated by the United States Bureau of Census as provided under [section 12(c)(11) of the Urban Mass Transportation Act of 1964] 49 U.S.C. Section 5302, as amended, and which has a population of more than fifty thousand persons.

            2. Notwithstanding any provisions of this chapter to the contrary, the [division] state highways and transportation commission shall issue a certificate or permit in accordance with the provisions of this section to a not-for-profit corporation seeking to transport by motor vehicle, as a common carrier or contract carrier in intrastate commerce, exclusively passengers other than in charter service who are:

            (1) Elderly;

            (2) Handicapped;

            (3) Preschool disadvantaged children transported for the purpose of participating in a federal Head Start program; or

            (4) Transported in areas other than urbanized areas as defined in this section, for which the motor carrier is authorized to be subsidized or reimbursed under [section 18 of the Urban Mass Transportation Act of 1964, as amended, section 1614 of] Title 49, United States Code, Sections 5301 to 5311 and Section 5338, with federal funds administered by the [Missouri] transportation department, except that priority shall be given to serving passengers who are elderly, handicapped or preschool disadvantaged children under the certificate or permit issued under this section.

            3. A not-for-profit corporation seeking a certificate or permit under this section shall make a written application to the [division] state highways and transportation commission, in the form and containing the information which the [division] commission shall require by rule. The application shall include at least a complete description of the routes or territory to be served, and a list of the equipment to be used by the applicant in providing the proposed service. If the [division] commission finds that an applicant seeking to transport passengers as described in subsection 2 of this section is willing and able to properly perform the service proposed and to conform to the applicable provisions of this chapter, and the applicable rules and orders of the [division] commission, a certificate or permit authorizing such transportation shall be issued. The [division] commission may, by rule, make reasonable requirements to prevent the unauthorized transportation of passengers other than as described in subsection 2 of this section, by motor carriers to whom a certificate or permit is issued under this section.

            4. The [division] state highways and transportation commission shall not have jurisdiction over the rates charged by motor carriers for the transportation of passengers as described in subsection 2 of this section and provided under the authority of a certificate or permit issued under this section. Such motor carriers shall not be required to file with the [division] commission or publish tariff schedules setting forth their rates and charges for such transportation.

            5. The provisions of section [390.136] 308.280 shall not apply to motor vehicles exclusively used to transport passengers as described in subsection 2 of this section under the authority of a certificate or permit issued under this section.

            6. Notwithstanding any provisions of subsection 3 of section [390.030] 308.200 to the contrary, it is unlawful for any person to operate any motor vehicle having a capacity of more than five passengers, exclusive of the driver, in intrastate commerce or operate any motor vehicle designed to transport more than fifteen passengers, including the driver, in interstate commerce, unless the vehicle is equipped and operated as required by parts [390 through 397] 40, and 379 to 399, Title 49, Code of Federal Regulations, as those regulations have been and may periodically be amended. Those regulations are hereby made applicable to all passenger-carrying motor vehicles having a capacity of more than five passengers, exclusive of the driver, when operated in intrastate commerce, and to all motor vehicles designed to transport more than fifteen passengers, including the driver, when operated in interstate commerce, and the [division] commission shall have power and authority to enforce those regulations wholly within terminals, as they apply to those motor vehicles and drivers.

            [390.081.] 308.425. 1. In order to provide motor carrier service for which there is an immediate and urgent need from, to or between a point or points or within a territory having no carrier service deemed capable of meeting such need, the [division of motor carrier and railroad safety] state highways and transportation commission shall, pending the filing of an application for a certificate [under section 390.051 or 390.061,] or permit pursuant to section 308.405 or 308.410 without a hearing or other proceeding, grant temporary authority for a period not exceeding ninety days for such service by a common carrier or contract carrier, as the case may be. The issuance of such temporary authority shall create no presumption that corresponding permanent authority will be granted therefor.

            2. Such temporary authority shall be granted only upon the payment of such fees and compliance with such rules, regulations and requirements as the [division] commission shall, by general order establish for the administration of this section, and transportation service rendered under such authority shall be subject to all applicable provisions of this chapter and to the rules, regulations and requirements of the [division] commission established thereunder, that are not in conflict with this section.

            [390.150.] 308.427. 1. Every intrastate common or contract carrier of household goods or passengers shall submit once a year to the [division] state highways and transportation commission 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] commission shall determine the form of the financial statement and a blank form will be furnished by the [agency] commission to each intrastate common or contract carrier of household goods or passengers.

            3. The [division] commission may also require such corporations or persons to file additional statistical information covering a period and time as determined by the [agency] commission; 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 of passengers or property shall keep its books and records as prescribed by the [division] commission. 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] commission or its authorized representatives.

            5. If 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] state highways and transportation commission, 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, the [division] commission may suspend the certificate, permit or property carrier registration, upon notice to the motor carrier or seek penalties. The penalties recovered shall be deposited to the credit of the public school fund of the state.

            [390.101.] 308.430. No common carrier authorized under the provisions of [this chapter] sections 308.400 to 308.497 to operate within the state of Missouri shall abandon, discontinue, or fail to provide any service established or authorized to be established under the provisions of [this chapter] sections 308.400 to 308.497, unless such action is authorized by the [division of motor carrier and railroad safety] state highways and transportation commission.

            [390.111.] 308.435. 1. In the event a motor carrier, to which a certificate or permit shall have been issued under the provisions of [this chapter] sections 308.400 to 308.497, shall sell, transfer, or assign the business, rights or assets of such motor carrier, or any part thereof, and such motor carrier and the purchaser thereof shall make proper application to the [division] commission in writing, containing such information as shall be prescribed by the [division] commission by general order with respect to the transfer of such certificates or permits, the [division] commission shall transfer such original certificate or permit issued to such motor carrier, or the part so sold to such purchaser, if the [division] commission shall determine that the purchaser is in all respects qualified under the provisions of [this chapter] sections 308.400 to 308.497 to conduct the business of a motor carrier within the meaning of the provisions of this chapter, and upon the transfer of such certificate or permit it shall be effective in like manner as though originally issued to such purchaser; provided, however, the [division] commission shall not be required to transfer from a certificate authorizing the transportation of general commodities or freight, any portion of such certificate authorizing the transportation of a part of such general commodities or freight over the same route or within the same territory, unless the [division] commission shall further determine, after hearing upon due notice, that such transfer is consistent with the public interest.

            2. When there is a consolidation of one or more certificates as the result of a transfer of operating rights, and when the [division] commission shall find that any through service made possible thereby will be beneficial to the public, such through service may be authorized.

            [390.116.] 308.440. 1. Common carriers of property may establish reasonable through routes and joint rates, charges and classifications with other such carriers or with common carriers by railroad or express; and common carriers of passengers may establish reasonable through routes and joint rates, fares or charges with other such carriers or with common carriers by railroad. In case of such joint rates, fares, charges or classifications, it shall be the duty of the carriers, parties thereto, to establish just and reasonable regulations and practices in connection therewith, and just, reasonable and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of such participating carriers.             2. The [division] state highways and transportation commission may, whenever deemed by it to be necessary or desirable in the public interest, after hearing, upon complaint or upon its own motion, order the establishment of just and reasonable through routes and joint rates, fares, charges, regulations or practices, applicable to the transportation of passengers or property by common carriers.

            [390.121.] 308.445. Whenever, after hearing, upon complaint or in an investigation on its own motion, the [division] state highways and transportation commission shall be of the opinion that any individual or joint rate, fare or charge, demanded, charged or collected by any common carrier by motor vehicle or by any common carrier by motor vehicle in conjunction with any common carrier by railroad or express, for transportation; or any classification, rule, regulation or practice whatsoever of such carrier or carriers affecting such rate, fare or charge or the value of the service thereunder, is or will be unjust or unreasonable, unjustly discriminatory, unduly preferential or unduly prejudicial, it shall determine and prescribe the lawful rate, fare or charge or maximum or minimum, or maximum and minimum rates, fares or charges thereafter to be observed, or the lawful classifications, rules, regulations or practices thereafter to be made effective, subject to review by the administrative hearing commission.

            [387.030.] 308.450. Every corporation, person or motor carrier performing a service designated in section [387.010] 308.400 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 motor carrier for the transportation of passengers [or household goods] or for any service rendered or to be rendered in connection therewith, as defined in section [386.020, RSMo] 308.020, shall be just and reasonable and not more than allowed by law or by order or decision of the [division of motor carrier and railroad safety] state highways and transportation commission and made as authorized by this chapter. Every unjust or unreasonable charge made or demanded for any such service or transportation of passengers or household goods or in connection therewith or in excess of that allowed by law or by order or decision of the [division] commission is prohibited.

            [387.040.] 308.452. No motor carrier subject to the provisions of [this chapter] sections 308.400 to 308.497 shall engage or participate in the transportation of passengers or 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] sections 308.400 to 308.497. Any 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 motor carrier and railroad safety] state highways and transportation commission and published in accordance with the provisions of [this chapter] sections 308.400 to 308.497, shall be subject to forfeiture to the state pursuant to the provisions of sections [390.156 to 390.176, RSMo] 308.955 to 308.975.

            [387.050.] 308.453. 1. Every motor carrier shall file with the [division of motor carrier and railroad safety] state highways and transportation commission and shall print and keep open to public inspection schedules showing the rates, fares and charges for the transportation of passengers and 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 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 household goods and passengers will be carried, and shall also contain the classification of passengers or household goods in force, and shall also state separately all terminal charges, storage charges, icing charges and all other charges which the [division] commission 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 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 bills of lading or receipts for 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] commission.             6. The [division] commission 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.] 308.455. 1. It shall be the duty of every 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 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 route for which the proper rate is higher than the rate over another available 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 household goods at [his, their or its] the person's, firm's, or corporation's cost, then the said carrier shall be liable pursuant to the provisions of sections [390.156 to 390.176, RSMo,] 308.955 to 308.975 and be recovered in a civil action by the [division of motor carrier and railroad safety] state highways and transportation commission, 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] commission 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] commission. 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] commission 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] commission may require from any person, firm or corporation any information deemed by the [division] commission 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] commission be made difficult by the carrier, the [division] commission shall endorse such fact on said claim and it shall thereafter support an action as if approved by the [division] commission.

            [387.070.] 308.457. Unless the [division of motor carrier and railroad safety] state highways and transportation commission 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 motor carrier in compliance with the requirements of [this chapter] sections 308.400 to 308.497 except after thirty days' notice to the [division] commission and publication for thirty days as required by [this chapter] sections 308.400 to 308.497, 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] commission, 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 motor carrier.

            [387.080.] 308.458. 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 motor carrier and railroad safety] state highways and transportation commission such evidence of concurrence therein or acceptance thereof as may be required or approved by the [division] commission; 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 motor carrier shall file with the [division] commission sworn copies of every contract, agreement or arrangement with any other motor carrier or motor carriers relating in any way to the transportation of passengers or property.

            [387.100.] 308.460. 1. No motor carrier shall charge, demand, collect or receive a greater or less or different compensation for transportation of passengers or 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 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 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.

            [387.110.] 308.462. 1. No 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 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.

            [387.120.] 308.465. 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] sections 308.400 to 308.497, and unless prohibited by order of the [division] state highways and transportation commission, 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.] 308.467. No 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 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,] sections 308.400 to 308.497 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 household goods for transportation within this state to a motor carrier, shall seek to obtain or obtain such transportation for such 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 motor carrier, or any of its officers, agents or employees.

            [387.150.] 308.469. No 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 or by any other means or device whatsoever the carriage of 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 motor carrier shall prevent the carriage of 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 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 household goods or to evade any of the provisions of law, of this chapter, or of any order or decision of the [division of motor carrier and railroad safety] state highways and transportation commission.

            [387.180.] 308.470. 1. Every motor carrier shall, upon demand, issue either a receipt or bill of lading for all 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 motor carrier from any liability for loss, damage or injury caused by it to 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 motor carrier shall be liable for all loss, damage or injury to 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 motor carrier shall be liable for loss, damage and injury to 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 the holder has under existing laws.

            [387.190.] 308.472. 1. Whenever the [division of motor carrier and railroad safety] state highways and transportation commission 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 motor carrier for the transportation of persons or household goods within the state, or that the regulations or practices of such motor carrier 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 motor carrier are insufficient to yield reasonable compensation for the service rendered, and are unjust and unreasonable, the [division] commission shall, with due regard, among other things, to a reasonable average return upon the value of the 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 motor carriers by whom such rates, fares and charges are thereafter to be observed.

            2. Whenever the [division] commission 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 motor carrier 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 motor carrier 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 motor carrier are insufficient to yield reasonable compensation for the service rendered, and are unjust and unreasonable the [division] commission shall, with due regard, among other things, to a reasonable average return upon the value of the 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 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 motor carriers 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] commission 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 motor carrier in respect to transportation of persons or household goods within this state are unjust, unreasonable, unsafe, improper or inadequate, the [division] commission 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 household goods and so fix and prescribe the same by order to be served upon every motor carrier to be bound thereby; and thereafter it shall be the duty of every motor carrier 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] commission shall have power to require, by order, any two or more motor carriers, whose lines, owned, operated, controlled or leased, form a continuous or connecting line of transportation by transfer of household goods or passengers at connecting points, to establish through rates and joint rates, fares and charges for the transportation of passengers and household goods within the state as the [division] commission may, by its order, designate[; and in case]. If such through rates, and joint rates [be] are not established by the motor carriers named in any such order within the time therein specified, the [division] commission shall establish just and reasonable rates, fares and charges, to be charged for such through transportation, and declare the portions thereof to which each motor carrier affected thereby shall be entitled and the manner in which the same shall be paid and secured[; and]. The [division] commission 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 household goods within the state, and to require such motor carriers 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] is not [so] made within the time so specified the [division] commission may declare by supplemental order the portion thereof to which each motor carrier affected thereby shall be entitled and the manner in which the same shall be paid and secured[; such]. The supplemental order shall take effect as part of the original order from the time such supplemental order shall become effective.

            [387.200.] 308.475. Whenever there shall be filed with the [division of motor carrier and railroad safety] state highways and transportation commission by any 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] commission 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] to determine the propriety of such rate, fare, charge, classification, regulation or practice; and [pending such hearing and the decision thereon the division] the commission, 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[;].

            2. The motor carrier may appeal to the administrative hearing commission for a review of the state highways and transportation commission's order, and after full hearing, whether completed before or after the rate, fare, charge, classification, regulation or practice goes into effect, the [division] administrative hearing commission 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 stated in this section, the [division] administrative hearing commission 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 August 28, 1996], the burden of proof to show that the increased rate or proposed increased rate is just and reasonable shall be upon the motor carrier, and the [division] administrative hearing commission 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.] 308.477. The [division] state highways and transportation commission 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.] 308.479. All rates, tolls, charges, schedules and joint rates fixed by the [division] state highways and transportation commission 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] commission 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.] 308.480. 1. If in the judgment of the [division of motor carrier and railroad safety,] state highways and transportation commission additional terminals or terminal facilities, stations or any other property, construction, apparatus, equipment, facilities or device for use by any motor carrier in connection with the transportation of passengers or 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] commission 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 motor carrier is hereby required and directed to make all repairs, improvements, changes and additions required of it by any order of the [division] commission served upon it, subject to review by the administrative hearing commission.

            2. If any repairs, improvements, changes or additions which the [division] state highways and transportation commission has determined to order require joint action by two or more of said corporations, the [division] commission 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]. The corporations shall have thirty days or such longer time as the [division] commission 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] commission a statement that an agreement has been made for a division or apportionment of such repairs, improvements, changes or additions, the [division] commission 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.

            [387.240.] 308.483. The power of 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 motor carrier and railroad safety] state highways and transportation commission may prescribe.

            [387.270.] 308.485. 1. A motor carrier 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 motor carrier and railroad safety] state highways and transportation commission 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] commission 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] commission 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] commission, 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] state highways and transportation commission 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] commission apply said issue or any proceeds thereof to any purpose not specified in such order.

            3. Such motor carrier 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] commission; provided, however, that the [division] commission 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.] 308.487. 1. No 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 motor carrier and railroad safety] state highways and transportation commission herein provided for.

            2. No 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] commission so to do.

            [387.290.] 308.489. 1. The [division of motor carrier and railroad safety] state highways and transportation commission shall have the power to require 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 such a motor carrier issued without an order of the [division] commission authorizing the same then in effect shall be void, and likewise all stock, and every bond, note or other evidence of indebtedness, of such a motor carrier issued with the authorization of the [division] commission, but not conforming in its provisions to the provisions, if any, which it is required by the order of authorization of the [division] commission 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] commission 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 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] commission 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] commission's order, as herein provided, or to any purpose specified in the [division's] commission'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 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] commission 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] commission, knowingly makes any false statement or representation, or with knowledge of its falsity files or causes to be filed with the [division] commission 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] commission 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] commission the making of any such order, or who, with knowledge that any false statement or representation was made to the [division] commission in any proceeding, tending in any way to influence the [division] commission 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] commission's order, or to any purpose specified in the [division's] commission'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 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.] 308.490. 1. The [division of motor carrier and railroad safety] state highways and transportation commission shall have the power to ascertain the value of the property of every motor carrier in this state and every fact which in its judgment may or does have any bearing on such value. The [division] commission shall have power to make revaluations from time to time and to ascertain all new construction, extensions and additions to the property of every motor carrier.

            2. For the purpose of ascertaining the matters and things specified in this section concerning the value of the property of motor carriers the [division] commission 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 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] commission 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 motor carriers affected shall be entitled [to be heard and to introduce evidence at such hearing or hearings. The division] to introduce records and information. The commission 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] by the state highways and transportation commission.

            3. The [division] commission 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 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 administrative hearing commission. The findings of the [division] state highways and transportation commission so made and filed, when properly certified [under the seal of the division] by the state highways and transportation commission, shall be admissible in evidence in any action, proceeding or hearing before the [division] state highways and transportation commission, the administrative hearing commission, or any court in which the [division] state highways and transportation commission, the state or any officer, department or institution thereof, or any county, city, municipality or other body politic and the 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] state highways and transportation commission 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 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.] 308.492. 1. The [division of motor carrier and railroad safety] state highways and transportation commission may, whenever it deems advisable, establish a system of accounts to be used by 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] commission in the required method or form of keeping a system of accounts shall be given to such persons or corporations by the [division] commission at least six months before the same are to take effect.             2. The [division] commission shall at all times have access to all accounts, records and memoranda kept by motor carriers, and may designate any of its officers or employees, who shall thereupon have authority under the order of the [division] commission to inspect and examine any and all accounts, records and memoranda kept by such corporations.

            3. The [division] commission may, after hearing, prescribe by order the accounts in which particular outlays and receipts shall be entered, charged or credited, subject to review by the administrative hearing commission. Whenever the [division] state highways and transportation commission 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] commission who divulges any fact or information which may come to the employee's or agent's knowledge during the course of any such inspection or examination except insofar as the employee or agent may be directed by the [division] commission or by a court, or authorized by law, shall be guilty of a misdemeanor.

            [387.320.] 308.495. The [division of motor carrier and railroad safety] state highways and transportation commission shall have power, after hearing, to require any or all motor carriers to carry a proper and adequate depreciation account in accordance with such rules, regulations and forms of account as the [division] commission may prescribe. The [division] commission 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 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] commission may prescribe. The income from investments of moneys in such fund shall likewise be carried in such fund.

            [387.340.] 308.497. Reorganizations of motor carriers shall be subject to the supervision and control of the [division of motor carrier and railroad safety] state highways and transportation commission and no such reorganization shall be had without the authorization of the [division] commission. 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] commission 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] commission 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] commission. The [division] commission may by its order impose such condition or conditions as it may deem reasonable and necessary.

            [324.703.] 308.500. All persons who engage in [the business of housemoving on the roads and highways of] moving a house upon or across any public street, road, or highway in this state shall [be licensed by the division of motor carrier and railroad safety] have a valid housemover license issued by the state highways and transportation commission.

            [324.706.] 308.505. The [division] state highways and transportation commission shall issue licenses to applicants meeting the following conditions:

            (1) The applicant must be at least eighteen years of age, possess a valid commercial driver's license and have at least twenty-four months' experience in moving houses;

            (2) The applicant must furnish proof that all of the vehicles to be used in the movement of houses have met the requirements of sections 307.350 to [307.400] 307.402, RSMo, or its equivalent pertaining to the inspection of motor vehicles;

            (3) The applicant must exhibit his or her federal employer's identification number; and

            (4) The applicant must pay an annual license fee of one hundred dollars. All moneys received for housemover licenses shall be paid to the commission and [collected by the division of motor carrier and railroad safety and transmitted to the director of revenue and] deposited in the state treasury to the credit of the state highways and transportation department fund as established in section 226.200, RSMo.

            [324.709.] 308.510. A housemover license issued pursuant to sections [324.700 to 327.742] 308.500 to 308.575 shall be effective for a period of one year from the date of issuance and shall be renewable on an annual basis.

            [324.712. 1. No license shall be issued or renewed unless the applicant files with the division a certificate or certificates of insurance from an insurance company or companies authorized to do business in this state. The applicant must demonstrate that he or she has:

            (1) Motor vehicle insurance for bodily injury to or death of one or more persons in any one accident and for injury or destruction of property of others in any one accident with minimum coverage of five hundred thousand dollars;

            (2) Comprehensive general liability insurance with a minimum coverage of two million dollars, including coverage of operations on state streets and highways that are not covered by motor vehicle insurance; and

            (3) Workers' compensation insurance that complies with chapter 287, RSMo, for all employees.

            2. The certificate or certificates shall provide for continuous coverage during the effective period of the license issued pursuant to this section. At the time the certificate is filed, the applicant shall also file with the division a current list of all motor vehicles covered by the certificate. The applicant shall file amendments to the list within fifteen days of any changes.

            3. An insurance company issuing any insurance policy required by this section shall notify the division of any of the following events at least thirty days before its occurrence:

            (1) Cancellation of the policy;

            (2) Nonrenewal of the policy by the company; or

            (3) Any change in the policy.

            4. In addition to all coverages required by this section, the applicant shall file with the division a copy of either:

            (1) A bond or other acceptable surety providing coverage in the amount of fifty thousand dollars for the benefit of a person contracting with the housemover to move that person's house for all claims for property damage arising from the movement of a house; or

            (2) A policy of cargo insurance in the amount of one hundred thousand dollars.]

            [324.712.] 308.515. 1. No housemover license shall be issued or renewed unless the applicant files with the [division] state highways and transportation commission a certificate or certificates of insurance from an insurance company or companies authorized to do business in this state. The applicant must demonstrate that he or she has:

            (1) Motor vehicle insurance for bodily injury to or death of one or more persons in any one accident and for injury or destruction of property of others in any one accident with minimum amount of coverage established by the [division] commission by rule;

            (2) Comprehensive general liability insurance with a minimum level of coverage established by the [division] commission by rule, including coverage of operations on state streets and highways that are not covered by motor vehicle insurance; and

            (3) Workers' compensation insurance that complies with chapter 287, RSMo, for all employees.

            2. The certificate or certificates shall provide for continuous coverage during the effective period of the license issued pursuant to this section. At the time the certificate is filed, the applicant shall also file with the [division] commission a current list of all motor vehicles covered by the certificate. The applicant shall file amendments to the list within fifteen days of any changes.

            3. An insurance company issuing any insurance policy required by this section shall notify the [division] commission of any of the following events at least thirty days before its occurrence:

            (1) Cancellation of the policy;

            (2) Nonrenewal of the policy by the company; or

            (3) Any change in the policy.

            4. In addition to all coverages required by this section, the applicant shall file with the [division] commission a copy of either:

            (1) A bond or other acceptable surety providing coverage in the amount of fifty thousand dollars for the benefit of a person contracting with the housemover to move that person's house for all claims for property damage arising from the movement of a house; or

            (2) A policy of cargo insurance in the amount of one hundred thousand dollars.

            [324.715.] 308.520. 1. Persons licensed as housemovers shall also be required to secure a special permit[, as provided for pursuant to section 304.200, RSMo,] from the chief engineer of the department of transportation for every move undertaken on the state highway system. The permit shall be issued by the chief engineer if the chief engineer determines that the applicant:

            (1) Is properly licensed pursuant to sections [324.700 to 324.745] 308.500 to 308.575;

            (2) Has furnished the surety bond or policy of cargo insurance required by [subsection 4 of section 324.712] section 308.515; and

            (3) Is complying with such other regulations as required [by the division of motor carrier and railroad safety].

            2. A housemover license shall not be required for individuals moving their own houses from or to property owned individually by those persons; however, a special permit will be required for all moves.

            3. Licensed housemovers shall furnish one rear escort vehicle on interstate and other divided highways. Licensed housemovers shall provide two escorts on all multilane and two-lane highways, one in front and one rear.

            [324.718.] 308.525. 1. Application for a special permit to move a house must be made to the chief engineer of the department of transportation at least two days prior to the date of the move. For good cause shown, this time may be waived by the chief engineer.

            2. A travel plan shall accompany the application for the special permit. The travel plan will show the proposed route, the time estimated for each segment of the move, and a plan to handle traffic so that no one delay to other highway users shall exceed twenty minutes. The chief engineer shall review the travel plan and if the route cannot accommodate the move due to roadway weight limits, bridge size or weight limits, or will cause undue interruption of traffic flow, the special permit shall not be issued.

            3. The applicant may submit alternate plans if desired until an acceptable route is determined. If the width of the house to be relocated is more than thirty-six feet, or if no acceptable travel plan has been filed, and the denial of the permit would cause a hardship, the application and travel plan may be submitted to the chief engineer on appeal. After reviewing the route and travel plan, the chief engineer may in his or her discretion issue the permit after considering the practical physical limitations of the route, the nature and purpose of the move, the size and weight of the house, the distance the house is to be moved, and the safety and convenience of the traveling public. A surety bond in the amount to cover the cost of any damage to the pavement, structures, bridges, roadway or other damages that may occur may be required if deemed necessary by the chief engineer.

            [324.721.] 308.530. All obstructions, including traffic signals, signs, and utility lines will be removed immediately prior to and replaced immediately after the move at the expense of the housemover, provided that arrangements for and approval from the owner are obtained.

            [324.724.] 308.535. Irrespective of the route shown on the special permit, an alternate route will be followed:

            (1) If directed by a peace officer;

            (2) If directed by a uniformed officer assigned to a weighing station to follow a route to a weighing device; or

            (3) If the specified route is officially detoured. Should a detour be encountered, the driver shall check with the chief engineer of the department of transportation prior to proceeding.

            [324.727.] 308.540. The house to be transported will not be loaded, unloaded, nor parked, day or night, on a highway right-of-way without specific permission from the [director] state highways and transportation commission.

            [324.730.] 308.545. No move will be made when atmospheric conditions render visibility lower than safe for travel. Moves will not be made when highways are covered with snow or ice, or at any time travel conditions are considered unsafe by the [director] state highways and transportation commission or highway patrol or other law enforcement officers having jurisdiction.

            [324.733.] 308.550. The permit may be voided if any conditions of the permit are violated. Upon any violation, the permit must be surrendered and a new permit obtained before proceeding. Misrepresentation of information on an application to obtain a license, fraudulently obtaining a permit, alteration of a permit, or unauthorized use of a permit will render the permit void.

            [324.736.] 308.560. All moves on streets on the municipal system of streets shall comply with local ordinances. The officer in charge of the maintenance of streets of any municipality may issue permits for the use of the streets by housemovers within the limits of such municipalities.

            [324.739.] 308.565. The speed of moves will be that which is reasonable and prudent for the load, considering weight and bulk, under conditions existing at the time.

            [324.742.] 308.570. Any person violating sections [324.700 to 324.745 or the regulations of the division or department of transportation] 308.500 to 308.575 shall be guilty of a class A misdemeanor.

            [324.745.] 308.575. 1. If any provisions of sections [324.700 to 324.745,] 308.500 to 308.575 or if the application of such provisions to any person or circumstance shall be held invalid, the remainder of this section and the application of such [provision] provisions of sections [324.700 to 324.745] 308.500 to 308.575 other than those as to which it is held valid, shall not be affected thereby.

            2. Nothing in sections [324.700 to 324.745] 308.500 to 308.575 shall be construed to limit, modify or supercede the standards governing the intrastate or interstate movement of property pursuant to 49 U.S.C. 14501 or 49 U.S.C. 14504.

            3. The provisions of sections [324.700 to 324.745] 308.500 to 308.575 shall not apply to housemovers engaged in the interstate movement of houses. Those engaged in the interstate movement of houses, however, shall comply with all applicable provisions of federal and state law with respect to the movement of such property.

            [622.095.] 308.600. 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] the Federal Motor Carrier Safety Administration operating authority and exempt operations by motor vehicles operated in interstate 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] commission 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 permits [under section 390.071, RSMo]; to issue motor vehicle licenses or identifiers in lieu of annual licenses under section [390.136, RSMo] 308.280; and to suspend or revoke any credential, approval, registration, 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 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,] 308.280 to the contrary; and

            (4) Modify, cancel or terminate any of the agreements or contracts.

            2. Notwithstanding the provisions of section [390.136, RSMo] 308.280, statutory registration, administration or license fees collected by the [division] commission pursuant to this section, section 226.135, RSMo, section 308.660, or section 308.655 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"] Interstate Carrier Holding Account", which is the successor to 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] interstate carrier holding account 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 [interstate commerce commission] or her Federal Motor Carrier Safety Administration 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 commerce within this state any motor vehicle which is accompanied by a valid annual license or identifier issued by his or her base jurisdiction in accordance with such agreements or contracts, notwithstanding any provision of [section 390.071, 390.126 or 390.136, RSMo,] this chapter or rules of the [division] commission to the contrary.

            [622.150.] 308.605. The [division] state highways and transportation commission 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] commission 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] state highways and transportation commission pursuant to section 308.655, 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] 308.280; 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] state highways and transportation 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.

            [390.071.] 308.610. 1. No person shall engage in the business of a motor carrier in interstate commerce on any public highway in this state unless there is in force with respect to such carrier a permit issued by the [division of motor carrier and railroad safety] state highways and transportation commission authorizing such operations.

            2. Upon application to the [division] commission in writing, containing such information as the [division] commission may by rule require, accompanied by a copy of the applicant's certificate of public convenience and necessity or permit issued by the [Interstate Commerce Commission] Federal Motor Carrier Safety Administration, the filing of such liability insurance policy or bond and other formal documents as the [division] commission shall by rule require, the [division] commission, if it finds the applicant qualified, shall, with or without hearing, issue a permit authorizing the proposed interstate operations.

            [301.041.] 308.620. 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.

            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] state highways and transportation commission or its 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 or its 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] state highways and transportation commission, 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.

            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.

            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] state highways and transportation commission to the front of the vehicle in accordance with the provisions of section 301.130, RSMo. 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. 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. Appeals under this section to the administrative hearing commission and appeals thereafter shall be made in the same manner as provided in sections 621.050 and 621.189, RSMo.

            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] state highways and transportation 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, RSMo, 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, RSMo, 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, RSMo. Such plates may contain the legend "[HRC] COMM TLR" in preference to the words "SHOW-ME STATE".

            [301.265.] 308.630. 1. The owner of any motor vehicle or, in the event the motor vehicle is legally operated by someone other than the owner, [then] the operator thereof, which is duly and legally registered in some other jurisdiction but which cannot legally be operated on Missouri highways under the provisions of section [301.271] 308.645, or under the provisions of any applicable agreement duly entered into by the [Missouri highway reciprocity] state highways and transportation commission, which is operated on the highways of this state only occasionally by such owner or operator, may in lieu of the payment of the registration fee for such vehicle[,] obtain a trip permit from the [department of revenue] commission authorizing the operation of such vehicle on the highways of this state for a period of not to exceed seventy-two hours. The trip permit is valid for use by any owner or operator who uses the vehicle during the seventy-two hour period. The fee for such trip permit shall be ten dollars and shall be collected by the [department of revenue] commission and deposited with the state treasurer to the credit of the state [highway] highways and transportation department fund except when an agreement has been negotiated with another jurisdiction whereby prepayment is not required. In such cases, the terms of the agreement shall prevail. When such trip permit fee has been paid on a motor vehicle, no registration or fee shall be required for a trailer or semitrailer duly and legally registered in any jurisdiction and propelled by such motor vehicle. The [director of revenue] commission shall prescribe rules and regulations to effectuate the purpose of this section. Application for such trip permits shall be made on a form prescribed by and shall contain such information as may be required by the [director of revenue] commission.             2. The requirements of Missouri law as to title of motor vehicles shall not be applicable to vehicles operated under such trip permits.

            3. Any owner or operator who desires to use a trip permit for the operation of his or her vehicle shall secure such permit and the same must be in full force and effect before the vehicle enters or commences its trip in the state of Missouri.

            4. Operators who fail to obtain such permit before the vehicle enters or commences its trip in this state are subject to arrest and must obtain such permit before proceeding. The permits shall be made available at official highway [weight] weigh stations.

            5. The purchase of a ten dollar trip permit shall allow such operator to haul the maximum weight allowed by statute.

            6. Such permits may be sold in advance of the date of their use in such quantities as the [director of revenue] commission shall determine.

            [301.266.] 308.635. 1. The owner of any motor vehicle which was duly and legally proportionally registered in Missouri with the [highway reciprocity] state highways and transportation commission, but which cannot legally be operated on Missouri highways because of lease cancellation, may, in lieu of the payment of other registration fee for such vehicle and upon proof of ownership, obtain a hunter's permit from the [department of revenue] state highways and transportation commission. Such permit shall authorize the operation of the vehicle on the highways of this state and the highways of all member jurisdictions of the international registration plan for a period not to exceed thirty days. Any vehicle operated under a hunter's permit issued in accordance with this section shall only be operated while empty and shall only be operated for the purpose of securing a new lease agreement under which proper registration may be obtained. No vehicle may be operated on the highways of this state when the registration of such vehicle has been canceled, unless the vehicle owner shall have been issued a hunter's permit for such vehicle. Operation of any vehicle without proper registration or a hunter's permit shall constitute a class A misdemeanor. No owner operating such a vehicle without proper registration or a hunter's permit shall be allowed to operate the vehicle until he or she has purchased a hunter's permit or otherwise obtained proper registration.

            2. Application for a hunter's permit shall be made upon forms prescribed by the [director] state highways and transportation commission. Application shall be made to the [highway reciprocity] commission. The applicant shall provide proof acceptable to the commission, that he or she has surrendered all plates, cab cards and other evidence of previous registration to the previous registrant before a permit under this section may be issued. The fee for a hunter's permit shall be twenty-five dollars and shall be collected by the [department of revenue] commission and deposited with the state treasurer to the credit of the state [highway] highways and transportation department fund. When such fee has been paid, no other registration fee shall be required for any trailer or semitrailer which is being towed by such vehicle.

            3. Notwithstanding any provisions of law to the contrary, a vehicle operated on a hunter's permit shall not be subject to the laws of this state relating to motor vehicle titles during the time of operation on such permit.

            4. Nothing contained in this section shall be construed to change the vehicle owner's duty to timely file any necessary fuel reports and to pay any fuel taxes owed to the state of Missouri.             5. The [director of revenue] commission may prescribe rules and regulations for the effective administration of this section.

            [301.267.] 308.640. 1. The owner of any motor vehicle, or in the event the motor vehicle is legally operated by someone other than the owner, then the operator thereof, may obtain the permits required by sections [142.422, 301.265 and 390.136, RSMo,] 308.280, 308.630, and 308.665 from the [Missouri highway reciprocity] state highways and transportation commission. The commission shall issue a single permit authorizing the operation of such vehicle on the highways of this state for a period of not to exceed seventy-two hours. The fee for such trip permit shall be twenty-five dollars and shall be collected by the [department of revenue] commission and deposited with the state treasurer to the credit of the state [highway] highways and transportation department fund except when an agreement has been negotiated with another jurisdiction whereby prepayment is not required. In such cases, the terms of agreement shall prevail.

            2. The requirements of sections [142.422, 301.265, and 390.136, RSMo,] 308.280, 308.630, and 308.665 concerning trip permits shall apply to the operation of the vehicle under this section.

            [301.271.] 308.645. 1. Unless otherwise provided by duly executed reciprocity agreements [entered into pursuant to sections 301.271 to 301.279], a nonresident owner, owning any motor vehicle which has been duly registered for the current year in the state, District of Columbia, territory or possession of the United States, foreign country or other place of which the owner is a resident, and which at all times when operated in this state has displayed upon it the number plate issued for the vehicle in the place of residence of such owner, may operate or permit the operation of such vehicle within this state without registering such vehicle or paying any such registration fee to this state[; but]. However, the provisions of this subsection shall be operative to allow such owner to operate or permit the operation of such vehicle owned by a nonresident of this state only to the extent that under the laws of the state, District of Columbia, territory or possession of the United States, foreign country or other place of residence of the nonresident owner, substantially equivalent exemptions are granted to residents of Missouri for the operation of vehicles duly registered in Missouri.

            2. Unless otherwise provided by duly executed reciprocity agreements [entered into pursuant to sections 301.271 to 301.279], trailers registered in any jurisdiction may be operated in combination with any motor vehicle properly registered in accordance with [sections 301.271 to 301.279] reciprocity agreements.

            [301.275.] 308.650. The state highways and transportation commission may require such reports from owners and operators of motor vehicles as may be useful to assist the commission in performing its duties [under sections 301.271 to 301.279]. Such reports shall furnish such information as may be required by the commission and shall cover such periods and be made at such time or times as the commission may direct and shall be in the form prescribed by the commission and shall be verified by the person making such report or by the president, vice president, secretary or other responsible officer or employee of a corporation or association or by a partner or a responsible employee of a partnership. The commission may make or direct the making of such investigations within or without the state, as may be necessary for the performance of its duties under [sections 301.271 to 301.279] this chapter. If any owner or operator of motor vehicles shall file any false report or give false information [called for or required under sections 301.271 to 301.279], the commission shall have power to suspend or revoke any or all reciprocity as to such owner or operator. The commission may make and promulgate such rules and regulations as may be necessary to effectively carry out its duties [under sections 301.271 to 301.279].

            [301.277.] 308.655. 1. The state highways and transportation commission may negotiate and enter into reciprocal agreements or arrangements with other states, the District of Columbia, territories and possessions of the United States, and foreign countries as follows:

            (1) To exempt, either wholly or partially, under such terms, conditions and restrictions as it deems proper, motor vehicles and trailers licensed in [other] states, the District of Columbia, territories and possessions of the United States, and foreign countries or political subdivisions thereof wherein the owner is a resident, from any or all registration fees, as provided by law, but any exemption afforded hereunder shall be extended to owners whose vehicles are duly licensed in the state of their residence only to the extent that substantially equivalent exemptions are extended by that state to vehicles which are duly licensed in this state.

            (2) If any state permits or requires the licensing of fleets of motor vehicles and trailers or combinations thereof operated in interstate or combined interstate and intrastate commerce and payment of license taxes and other fixed fees thereon on an apportionment basis commensurate with and determined by the miles traveled on and the use made of said state's highways or any other equitable basis of apportionment, and exempts equipment registered in other states under such apportionment basis from its own registration and other fixed fees, [then said Missouri highway reciprocity] the commission may by agreement adopt such exemptions with respect to motor vehicles and trailers, which agreement may, under such terms, conditions and restrictions as the commission deems proper, provide that owners and operators of motor vehicles and trailers operated in interstate or combined interstate and intrastate commerce in Missouri shall be required to pay registration and other fees on an apportionment basis commensurate with and determined by the miles traveled on and the use made of Missouri highways, or any other equitable basis of apportionment, and shall provide a fair and equitable formula for apportionment whereby there shall be registered in Missouri and the Missouri registration fees paid and applied to a proper proportion of said motor vehicles and trailers operated in the fleet.

            (3) Such agreements may authorize the granting of reciprocal privileges to an owner for vehicles which are not licensed in the state, District of Columbia, territory or possession of the United States, foreign country, or other place of such owner's residence when such owner maintains a bona fide place of business in a state, District of Columbia, territory or possession of the United States, foreign country or other place other than his or her residence and such vehicle is in fact based at such a place of business and is principally operated into and out of such a place of business as a terminal of its operation and such vehicle is duly licensed in the state, District of Columbia, territory or possession of the United States, foreign country, or other place where such place of business is located. Before reciprocal privileges are granted to an owner under such agreement authorized by this subsection, the commission may, under such conditions and terms as it deems advisable, require such owner to apply for a basing point permit which, among other things, shall name the state, District of Columbia, territory or possession of the United States, foreign country, or other place in which such vehicle is to be licensed.

            2. Any agreement entered into by the state highways and transportation commission shall require that the operator of any vehicle for which reciprocal privileges are claimed must have in his or her possession a valid and legal registration certificate or other evidence of proper registration issued for such vehicle by the state or other jurisdiction in which it is registered.

            3. Notwithstanding section 301.090, RSMo, fees collected by the state highways and transportation commission which are subject to prorating under this section, section 226.135, RSMo, or section 308.600 or 308.660 shall be immediately transmitted to the [treasurer of the state] director of revenue for deposit to the credit of the state [highway] highways and transportation department fund except that part of such fees to be paid to other states under a reciprocal agreement shall be placed in [a special fund designated a "reciprocity fund."] the interstate carrier holding account established in section 308.600 and which is the successor to the reciprocity fund. The commission shall [not less frequently than once each month direct the payment of, and the treasurer shall] pay[,] the reciprocal fees to the appropriate state or states. All income derived from the investment of the ["reciprocity fund" by the treasurer ] interstate carrier holding account shall be credited to the [highway] state highways and transportation department fund.

            4. Notwithstanding any other provision of law, no reciprocity shall be granted under any statute or agreement for the operation of any commercial motor vehicle within the state of Missouri solely in intrastate commerce, but all vehicles so engaged must be duly registered and licensed in the state of Missouri.

            [142.617.] 308.660. The [director of revenue] state highways and transportation commission may enter into reciprocity agreements on behalf of the state of Missouri with authorized representatives of other states for the collection and refund of interstate fuel taxes levied pursuant to this chapter and chapter 142, RSMo. The state highways and transportation commission may carry out any of the provisions of chapter 142, RSMo, which are pertinent to the administration and enforcement of this section, if such provisions are not inconsistent with the provisions of this chapter. The [director] commission may adopt rules pursuant to this chapter to implement the agreement for collection and refund of interstate fuel taxes and other fuel tax agreements. The reporting requirements, as provided in the agreement, shall take precedence over the reporting requirements provided in this chapter. Where the agreement and this chapter address the same matters, the provisions of the agreement shall take precedence. A current copy of the agreement shall be maintained by the [department of revenue] commission. Appeals under this section to the administrative hearing commission and appeals thereafter shall be made in the same manner as provided in sections 621.050 and 621.189, RSMo.

            [142.830.] 308.665. 1. It is unlawful for any person to act as an interstate motor fuel user without being licensed as such unless the motor fuel user is licensed under a reciprocity agreement. However, as to a motor vehicle operated in this state in the course of interstate traffic by an unlicensed interstate motor fuel user, a single trip motor fuel tax permit authorizing operation of such vehicle for a single trip through the state, or from a point on the border of this state to a point within and return to the border may be issued upon proper application and in a manner prescribed by the [director] state highways and transportation commission. Any person found to have not purchased a trip permit when so required shall immediately purchase such permit. The fee for each permit shall be ten dollars, and the permit shall be valid for a period of seventy-two hours. Permits shall be made available at official highway weigh stations.             2. A single trip permit shall be issued for each vehicle for which application is made, and the application fee for such permit shall apply only to the vehicle for which the permit is issued. A trip permit shall not be issued to anyone whose license is currently in a revoked status. Evidence of the issuance of such trip permit or in the alternative the payment and civil penalty thereof shall be furnished to the [director, his] commission or its agents, appointees or any officer of the Missouri state highway patrol upon demand.

            [304.200.] 308.700. 1. The chief engineer of the state department of transportation, for good cause shown and when the public safety or public interest so justifies, shall issue special permits for vehicles or equipment exceeding the limitations on width, length, height and weight herein specified, or which are unable to maintain minimum speed limits. Such permits shall be issued only for a single trip or for a definite period, not beyond the date of expiration of the vehicle registration, and shall designate the highways and bridges which may be used pursuant to the authority of such permit.

            2. The chief engineer of the state department of transportation shall upon proper application and at no charge issue a special permit to any person allowing the movement on state and federal highways of farm products between sunset and sunrise not in excess of fourteen feet in width. Special permits allowing movement of oversize loads of farm products shall allow for movement between sunset and sunrise, subject to appropriate requirements for safety lighting on the load, appropriate limits on load dimensions and appropriate consideration of high traffic density between sunset and sunrise on the route to be traveled. The chief engineer may also issue upon proper application a special permit to any person allowing the movement on the state and federal highways of concrete pump trucks or well-drillers equipment. For the purposes of this section, "farm products" shall have the same meaning as provided in section 400.9-109, RSMo.             3. Rules [and regulations] for the issuance of special permits shall be prescribed by the state highways and transportation commission and filed with the secretary of state. No rule or portion of a rule promulgated pursuant to the authority of [section 304.010 and] this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

            4. The officer in charge of the maintenance of the streets of any municipality may issue such permits for the use of the streets by such vehicles within the limits of such municipalities.             5. In order to transport manufactured homes, as defined in section 700.010, RSMo, on the roads, highways, bridges and other thoroughfares within this state, only the applicable permits required by this section shall be obtained.

            [622.170.] 308.800. The [division] state highways and transportation commission may authorize any person employed by it to do or perform any act, matter or thing which the [division] commission 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].

            [622.027.] 308.805. The [division director with the approval of the department director] state highways and transportation commission shall make all rules necessary to perform the duties and responsibilities assigned [to the division. The administrative law judges, acting together, shall make all necessary rules required to establish procedures of practice before them] pursuant to this chapter. All rules by the [division director or the administrative law judges] commission shall be made in accordance with the provisions of this section and chapter 536, RSMo. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of [section 536.024] chapter 536, RSMo.

            [622.520.] 308.810. 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] state highways and transportation commission, 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.

            308.815. 1. The state highways and transportation commission may confer in person, 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 state highways and transportation 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, transportation, public utility, public service commission, or similar division of other states of 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 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.

            [622.030.] 308.820. 1. The administrative [law judges] hearing commission shall assume all the duties concerning transportation activities [heretofore] that were prior to July 1, 1985, imposed upon the commissioners of the public service commission and prior to July 11, 2002, upon the administrative law judges of the division of motor carrier and railroad safety of the department of economic development, in their quasi-judicial capacity and function. All ministerial duties shall be performed by the [division] state highways and transportation commission, and the administrative [law judges] hearing commission shall not be responsible for those activities. The administrative [law judges] hearing commission shall hear and decide all matters concerning transportation activities which the public service commission or [public service commissioners] division of motor carrier and railroad safety would have been required to hear and decide in a quasi-judicial capacity.

            2. [Each administrative law judge may exercise all powers granted to the division without the concurrence of any other administrative law judge, except with respect to the rulemaking powers, in which all administrative law judges must concur. The method of assignment of petitions, appeals or other cases may be determined by rule or other agreement between the administrative law judges. Except as provided in section 622.035,] All hearings before the administrative [law judges] hearing commission shall be governed by rules adopted by them which shall not be inconsistent with any provision of this chapter. In all investigations, inquiries or hearings before the [division] state highways and transportation commission or the administrative [law judges] hearing commission, neither the administrative [law judges] hearing commission nor the [division] state highways and transportation commission shall be bound by technical rules of evidence. No formality in any proceeding nor in the manner of taking testimony before the [division] state highways and transportation commission or [an administrative law judge] administrative hearing commission shall invalidate any order, decision, rule or regulation made, approved or confirmed by the [division] state highways and transportation commission or administrative [law judge] hearing commission pursuant to this chapter.

            3. The [division] administrative hearing commission may charge a reasonable docket fee as may be set by rule to be paid upon the filing of any petition, application, complaint, or other request for relief or authority by any party other than the [division] state highways and transportation commission staff. All such docket fees shall be paid to the state director of revenue at the time of the filing of any such petition, application, complaint or other request for relief or authority, and the same shall be deposited by the [state director of revenue in the highway fund of the state of Missouri] director in the state highways and transportation department fund.

            [390.141.] 308.825. The orders and decisions of the [division] state highways and transportation commission or the administrative hearing commission on the matters covered by the provisions of this chapter shall be reduced to writing and a copy thereof, duly certified, shall be served on the motor carrier affected thereby through the United States mail, and such order and decision shall become operative and effective within thirty days after such service, unless otherwise [ordered by the division] provided, and such motor carrier shall carry the provisions of said order into effect unless said order is enjoined or set aside in a court of proper jurisdiction.

            [390.320.] 308.830. Notwithstanding any provisions of section 516.103, RSMo, to the contrary, in all collateral actions or proceedings the orders and decisions of the [division] state highways and transportation commission or the administrative hearing commission which have become final shall be conclusive, and shall be admissible as evidence of the facts found and the determinations made by the [division] state highways and transportation commission or the administrative hearing commission in all subsequent actions or proceedings to enforce [division] state highways and transportation commission or administrative hearing commission orders or decisions, whether by penalty, forfeiture, mandamus, injunctive relief or otherwise.

            [622.410.] 308.835. 1. Every order of the [division] state highways and transportation commission or the administrative hearing commission 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] appropriate commission, 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] state highways and transportation commission or administrative hearing commission, every person and corporation upon whom it is served must if so required in the order notify the [division] appropriate commission in like manner whether the terms of the order are accepted and will be obeyed.

            3. Every order or decision of the [division] commissions pursuant to this chapter 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] either commission, 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.

            [622.350.] 308.840. 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] state highways and transportation commission, the burden of proof shall be upon the party adverse to the [division] commission or seeking to set aside any determination, requirement, direction or order of the [division] commission or the administrative hearing commission, to show by clear and satisfactory evidence that the determination, requirement, direction or order of [the division] such commission complained of is unreasonable or unlawful as the case may be.

            [622.420.] 308.845. 1. After an order or decision has been made by the [division] administrative hearing commission, any carrier, corporation or person interested therein may apply for a rehearing in respect to any matter determined therein, and the [division] administrative hearing commission 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] may be determined by the [division] administrative hearing commission 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] administrative hearing commission 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] administrative hearing commission 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] state highways and transportation commission or the administrative hearing commission, or operate in any manner to stay or postpone the enforcement thereof except as the [division] appropriate commission 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] administrative hearing commission 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] administrative hearing commission 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.] 308.847. Except as otherwise provided for appeals from orders or decisions governed by sections 308.620 to 308.665, or sections 621.050 and 621.189, RSMo, pursuant to this chapter, 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] state highways and transportation commission 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] state highways and transportation commission's or the administrative hearing commission'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] state highways and transportation commission and certified to by it or its designee. The [division] state highways and transportation commission or the administrative hearing commission and each party to the action or proceeding before [the division] either or both of the commissions 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] commission under review. In case the order is reversed by reason of the [division] commission failing to receive testimony properly proffered, the court shall remand the cause to the [division] appropriate commission, 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] appropriate commission 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] commissions or to suspend or delay the executing or operation thereof, or to enjoin, restrain or interfere with the [division] commissions in the performance of [its] their 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] commissions as provided by law and the same shall be tried and determined as suits in equity.

            [622.035.] 308.850. Except by agreement of all parties, a full and complete record shall be made of all proceedings before [an] the administrative [law judge] hearing commission pursuant to this chapter 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. Upon the granting of an application for a writ of review or certiorari to review any order or decision of the [division] state highways and transportation commission or [an] the administrative [law judge] hearing commission, the reviewing court shall direct the applicant to certify a copy of the transcript of such testimony, together with all exhibits or copies thereof introduced and all information secured by the [division] state highways and transportation commission or [an] the administrative [law judge] hearing commission on its own initiative and considered by it in rendering its order or decision, and of the pleadings, record and proceedings in the cause, which shall constitute the record; provided, that on review of an order or decision, the parties to the action may stipulate that a certain question or questions alone and a specified portion only of the evidence shall be certified to the circuit court for its judgment, whereupon such stipulation and the question or questions and the evidence therein specified shall constitute the record on review.

            [622.450.] 308.855. 1. The [division] state highways and transportation commission and any party who has participated in the [division] commission proceeding pursuant to this chapter 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] state highways and transportation commission, 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] state highways and transportation commission 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.] 308.860. In all collateral actions or proceedings the orders and decisions of the [division] state highways and transportation commission or the administrative hearing commission pursuant to this chapter which have become final shall be conclusive, and shall be admissible as evidence of the facts found and the determination made by the [division] commissions in all subsequent actions or proceedings to enforce the decision of the [division] commissions, whether by penalty, forfeiture, mandamus, injunctive relief or otherwise.

            [622.210.] 308.865. 1. Every order, authorization, credential, or certificate issued or approved by the [division] state highways and transportation commission under any provision of this chapter shall be in writing and entered on the records of the [division] commission. Any such order, authorization, credential, or certificate, or any part thereof, or a copy of the record of any such order, authorization, credential, or certificate, officially certified by [an administrative law judge or by the secretary of the division director under the seal of the division] the commission or its designee to be a true copy of the original order, authorization, credential, 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] An official certificate [under the seal of the division] of the state highways and transportation commission that any such order, authorization, credential, 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] commission within this state all accounts, records, memoranda, books and papers carried in pursuance of the requirements of law.  

            [622.220.] 308.870. Copies of all official documents and orders filed or deposited according to law in the office of the [division,] state highways and transportation commission pursuant to this chapter certified by [an administrative law judge or by the division director] the commission or its designee to be true copies of the originals[, under the official seal of the division, shall be evidence in like manner as the originals] shall be admissible as evidence before courts or the administrative hearing commission.

            [622.230.] 308.875. 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] state highways and transportation commission pursuant to this chapter in the ordinary course of distribution, but the [division] commission may fix reasonable charges for publications issued under its authority pursuant to this chapter. 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] commission from which the expenses of furnishing the copies listed in this section are paid and shall be used by the [division] commission to offset such expenses.

            [622.370.] 308.885. At the request of the [division's general] state highways and transportation commission's chief counsel and upon good cause shown by the counsel the [division] commission shall require or on its own initiative the [division] commission 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] chief counsel when the order is issued at the counsel's request or by the [division] commission or under its direction.

            [622.190.] 308.895. 1. The [division] state highways and transportation commission 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] carriers, 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] commission in the required method or form of keeping a system of accounts shall be given to such persons or [corporations] carriers by the [division] commission 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] state highways and transportation commission 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] commission to inspect and examine any and all accounts, records and memoranda kept by such [corporations] carriers.

            [622.250.] 308.900. 1. The [division] state highways and transportation commission 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] state highways and transportation commission and the administrative hearing commission.

            2. The [division] state highways and transportation commission 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] state highways and transportation commission and [each] the administrative [law judge] hearing commission 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] state highways and transportation commission's authority pursuant to this chapter or chapters [387,] 388, 389, [390] and 391, RSMo, upon notice given by [any] the administrative [law judge] hearing commission or employee of the [division, and the] state highways and transportation commission. 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]. The state highways and transportation commission may by subpoena duces tecum compel production thereof. In lieu of requiring production of originals by subpoena duces tecum, the [division] state highways and transportation commission or [any] the administrative [law judge] hearing commission may require sworn copies of any such books, records, documents, contracts and papers or parts thereof to be filed with it.

            [390.330.] 308.905. Notwithstanding any provisions of [section 386.480, RSMo,] law to the contrary, no information furnished to the [division] state highways and transportation commission by a motor carrier, corporation or person, including the [division] commission staff, except such matters as are specifically required to be open to public inspection by the provisions of this chapter [and chapter 386, 387 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] state highways and transportation commission, except those closed by sections 32.057 and 32.091, RSMo, or when filed by the commission in the course of a court or administrative hearing or proceeding. Any officer or employee of the [division] commission who, in violation of the provisions of this section, divulges any such information is guilty of a misdemeanor.

            [622.340.] 308.910. 1. At the time fixed for any hearing before the [division or an administrative law judge] state highways and transportation commission or the administrative hearing commission pursuant to this chapter, 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] either commission may allow to intervene, shall be entitled to be heard and to introduce evidence. The [division] commissions shall issue process to enforce the attendance of all necessary witnesses.             2. Whenever an investigation shall be made by the [division] state highways and transportation commission pursuant to this chapter, it shall be its duty[,] to make a report in writing in respect thereto, which shall state the conclusions of the [division] commission, together with its decision, order or requirement in the premises. The [division or any administrative law judge] state highways and transportation commission or any party may, in any investigation or hearing [before the division] involving the commission, 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 of the state highways and transportation commission or the administrative hearing commission, respectively, cannot, in the judgment of the [division] appropriate commission, be complied with within thirty days, the [division] appropriate commission 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] state highways and transportation commission or the administrative hearing commission pursuant to this chapter on any formal hearing had, and all testimony shall be taken down by a reporter duly 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.

            [622.360.] 308.915. 1. All subpoenas issued pursuant to this chapter shall be signed and issued by [an] the administrative [law judge or by the director of the division] hearing commission or the state highways and transportation commission or its designee, 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] state highways and transportation commission or administrative hearing commission. 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] administrative hearing commission or the state highways and transportation commission pursuant to this chapter by order of the appropriate commission 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] commissions are audited and paid, upon the presentation of proper vouchers sworn to by such witnesses and approved by the [division] appropriate commission.

            2. Whenever a subpoena is issued at the instance of a complainant, respondent, or other party to any proceeding [before the division] involving the state highways and transportation commission pursuant to this chapter, 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] commission 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] state highways and transportation commission or administrative hearing commission, 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] state highways and transportation commission pursuant to this chapter, 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] commission any fee for entering, filing, docketing or recording any document required or authorized by law to be filed with the office of such officer.

            [622.380.] 308.920. If a person subpoenaed to appear before the [division or an administrative law judge] state highways and transportation commission or administrative hearing commission pursuant to this chapter 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] either commission 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] either commission, 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.] 308.925. 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] state highways and transportation commission or administrative hearing commission pursuant to this chapter, 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.

            [622.470.] 308.935. 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] state highways and transportation commission pursuant to this chapter, 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] commission 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.

            [622.260.] 308.945. 1. The [division] state highways and transportation 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 subject to its supervision[, and the division] pursuant to this chapter. The commission 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] commission.

            2. Complaints may be made to the [division] commission 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] this chapter or of the terms and conditions of its franchise or charter or of any order or decision of the [division] commission pursuant to this chapter. Upon the presentation of such a complaint the [division] commission 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] commission. 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] commission of that fact before the time allowed for answer, the [division] commission need take no further action on the charges. If, however, the charges contained in such petition or complaint be not thus satisfied, and it shall appear to the [division] 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 [division] commission 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] commission may specify and require.

            [390.310. Notwithstanding any provisions of section 390.106, to the contrary, the division] 308.950. The state highways and transportation commission 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] commission 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 390.250 to 390.350, or chapter 386, 387, 389 or 622, RSMo,] this chapter or any safety rules, regulations or orders which may be enforced by the [division] commission. Revocation of a certificate, permit or property carrier registration under this section shall not become effective less than thirty days after issuance of an order of revocation by the [division] commission.

            [390.171.] 308.955. Every owner, officer, agent or employee of any motor carrier, and every other person, who violates or fails to comply with or who procures, aids or abets in the violation of any provision of this chapter, or who fails to obey, observe or comply with any order, decision, rule or regulation, direction, demand or requirement of the [division] state highways and transportation commission or administrative hearing commission pursuant to this chapter, or who procures, aids or abets any person in his or her failure to obey, observe or comply with any such order, decision, rule, direction, demand or regulation thereof is guilty of a misdemeanor.

            [622.480.] 308.960. 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] state highways and transportation commission or administrative hearing commission pursuant to this chapter 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] state highways and transportation commission or administrative hearing commission pursuant to this chapter, 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.] 308.965. 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] state highways and transportation commission or administrative hearing commission pursuant to this chapter, 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 pursuant to this chapter, 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.] 308.970. 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.] 308.975. An action to recover a penalty or a forfeiture under this chapter or to enforce the powers of the [division] state highways and transportation commission under this or any other law pursuant to this chapter 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] chief counsel of the state highways and transportation commission. No filing or docket fee shall be required of the [general] chief 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] commission pursuant to this chapter 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] commission upon such terms as the court shall approve and order.

            [622.290.] 308.980. 1. Whenever the [division] state highways and transportation commission 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] state highways and transportation commission or administrative hearing commission pursuant to this chapter, 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] state highways and transportation commission or administrative hearing commission pursuant to this chapter, the state highways and transportation commission shall direct the [general counsel to the division] chief counsel of the commission to commence an action or proceeding in any circuit court of the state of Missouri in the name of the [division] commission for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunctions. The [division's general] commission's chief 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] commission's chief 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.

            [622.320.] 308.985. 1. Complaint may be made by the [division] state highways and transportation commission 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 filing a petition or complaint in writing with the administrative hearing commission, 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] state highways and transportation commission or administrative hearing commission pursuant to this chapter.

            2. All matters upon which complaint or petition 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] state highways and transportation commission or administrative hearing commission the same rule shall apply with regard to the joinder of causes and parties as provided in this section.

            3. The [division] state highways and transportation commission or administrative hearing commission shall not be required to dismiss any complaint because of the absence of direct damage to the complainant. Upon the filing of a complaint or petition, the [division] state highways and transportation commission or administrative hearing commission shall cause a copy thereof to be served upon the carrier, corporation or person which is the subject of the complaint or petition.

            4. Service in all hearings, investigations and proceedings [pending before the division] involving the state highways and transportation commission pursuant to this chapter 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] commission 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] administrative hearing commission 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] administrative hearing commission shall find that the public necessity requires that such hearing be held at an earlier date.

            [622.330.] 308.987. 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] state highways and transportation commission or administrative hearing commission pursuant to this chapter.

            [622.530.] 308.990. 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] state highways and transportation commission or administrative hearing commission pursuant to this chapter, 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.] 308.995. [That] For purposes of this chapter and chapter 389, RSMo, 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.

            311.420. 1. No person, except carriers regulated by the [motor carrier and railroad safety division of the department of economic development under chapters 387, 389 and 390] state highways and transportation commission pursuant to chapters 308 and 389, RSMo, shall transport into, within, or through the state of Missouri any intoxicating liquors in quantities larger than five gallons unless such person holds a valid license or permit from the supervisor of liquor control of the state of Missouri to do so. For such license, there shall be paid to the director of revenue the sum of ten dollars per annum to the credit of the state highways and transportation department fund. Application for such license shall be made to the supervisor of liquor control of the state of Missouri and each applicant shall submit with his or her application a bond in the penal sum of one thousand dollars with sufficient surety to be approved by the supervisor of liquor control, conditioned that [he] the applicant will not violate any provisions of the liquor control laws of this state or any regulation promulgated under such liquor control laws, and any violation of such condition shall work a forfeiture of such bond to the state of Missouri. The license year shall end on June thirtieth, and the applicant shall pay as many twelfths as there are months, with each part of a month being counted as a month, remaining from the date of the license to the next succeeding July first. The supervisor of liquor control may issue single transaction licenses, for which there shall be paid to the director of revenue the sum of five dollars, and, if the value of the liquor to be transported exceeds one hundred dollars, the permit shall not be issued until the bond provided for above in this section is given to the state. No such transporter's license shall be required of any person licensed by the supervisor of liquor control whose licensed premises are located in the state of Missouri, nor shall it be necessary to procure a license to transport liquor purchased from a retail liquor dealer duly licensed by the supervisor of liquor control of the state of Missouri. No license or permit shall be required to transport industrial alcohol.

            2. The qualifications prescribed for the issuance of other licenses by the provisions of the liquor control law shall not apply to licenses issued under this section, but no license shall be issued to any person who is not of good moral character or who has been convicted since the ratification of the twenty-first amendment to the Constitution of the United States of the violation of any law applicable to the manufacture or sale of intoxicating liquor, nor to any person who has had a license from the supervisor of liquor control revoked. If applicant is a corporation, the managing officer thereof must possess the qualifications prescribed in this section.

            312.180. 1. Every railroad company, express company, airplane company, motor transportation company, steamboat company, or other transportation company who shall transport into, out of, or within this state any nonintoxicating beer, whether brewed or manufactured within this state or outside this state, shall, when requested by the supervisor of liquor control furnish such supervisor a duplicate of the bill of lading covering or receipt for such nonintoxicating beer, showing the name of the brewer or manufacturer, and the name and address of the consignor and consignee, and the date and place received, and the destination and quantity of nonintoxicating beer received from such manufacturer, or brewer, or other consignor, for shipment from any point within or without this state, to any point within this state.

            2. Any such railroad company, express company, airplane company, motor transportation company, steamboat company, or other transportation company failing to comply with the requirements of this chapter[,] shall forfeit and pay to the state of Missouri[,] the sum of fifty dollars for each and every such failure, to be recovered in any court of competent jurisdiction[, and]. The supervisor of liquor control and the [director of revenue] state highways and transportation commission are each hereby authorized and empowered to call upon the prosecuting attorneys of the respective counties or the circuit attorneys or the attorney general to bring any proceeding hereunder at the relation of the supervisor of liquor control or the [director of revenue] state highways and transportation commission, as the case may be, to the use of the state of Missouri, for such recovery.

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

            (1) "Alternative local exchange telecommunications company", a local exchange telecommunications company certified by the commission to provide basic or nonbasic local telecommunications service or switched exchange access service, or any combination of such services, in a specific geographic area subsequent to December 31, 1995;

            (2) "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;

            (3) "Basic interexchange telecommunications service"[,] includes, at a minimum, two-way switched voice service between points in different local calling scopes as determined by the commission and shall include other services as determined by the commission by rule upon periodic review and update;

            (4) "Basic local telecommunications service", two-way switched voice service within a local calling scope as determined by the commission comprised of any of the following services and their recurring and nonrecurring charges:

            (a) Multiparty, single line, including installation, touchtone dialing, and any applicable mileage or zone charges;

            (b) Assistance programs for installation of, or access to, basic local telecommunications services for qualifying economically disadvantaged or disabled customers or both, including, but not limited to, lifeline services and link-up Missouri services for low-income customers or dual-party relay service for the hearing impaired and speech impaired;

            (c) Access to local emergency services including, but not limited to, 911 service established by local authorities;

            (d) Access to basic local operator services;

            (e) Access to basic local directory assistance;

            (f) Standard intercept service;

            (g) Equal access to interexchange carriers consistent with rules and regulations of the Federal Communications Commission;

            (h) One standard white pages directory listing.

Basic local telecommunications service does not include optional toll free calling outside a local calling scope but within a community of interest, available for an additional monthly fee or the offering or provision of basic local telecommunications service at private shared-tenant service locations;

            (5) "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;

            (6) "Carrier of last resort", any telecommunications company which is obligated to offer basic local telecommunications service to all customers who request service in a geographic area defined by the commission and cannot abandon this obligation without approval from the commission;

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

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

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

            (10) "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;

            (11) "Corporation" includes a corporation, company, association and joint stock association or company;

            (12) "Customer-owned pay telephone", a privately owned telecommunications device that is not owned, leased or otherwise controlled by a local exchange telecommunications company and which provides telecommunications services for a use fee to the general public;

            (13) "Effective competition" shall be determined by the commission based on:

            (a) The extent to which services are available from alternative providers in the relevant market;

            (b) The extent to which the services of alternative providers are functionally equivalent or substitutable at comparable rates, terms and conditions;

            (c) The extent to which the purposes and policies of chapter 392, RSMo, including the reasonableness of rates, as set out in section 392.185, RSMo, are being advanced;

            (d) Existing economic or regulatory barriers to entry; and

            (e) Any other factors deemed relevant by the commission and necessary to implement the purposes and policies of chapter 392, RSMo;

            (14) "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;

            (15) "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, light rail or street railroad corporation generating electricity solely for railroad, light rail 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, light rail or street railroad purposes or for its own use or the use of its tenants and not for sale to others;

            (16) "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;

            (17) "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;

            (18) "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;

            (19) "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;

            (20) "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 pursuant to section 70.370, RSMo, shall be a heating company or subject to regulation by the commission;

            (21) "High-cost area", a geographic area, which shall follow exchange boundaries and be no smaller than an exchange nor larger than a local calling scope, where the cost of providing basic local telecommunications service as determined by the commission, giving due regard to recovery of an appropriate share of joint and common costs as well as those costs related to carrier of last resort obligations, exceeds the rate for basic local telecommunications service found reasonable by the commission;

            (22) "Incumbent local exchange telecommunications company", a local exchange telecommunications company authorized to provide basic local telecommunications service in a specific geographic area as of December 31, 1995, or a successor in interest to such a company;

            (23) "Interexchange telecommunications company", any company engaged in the provision of interexchange telecommunications service;

            (24) "Interexchange telecommunications service", telecommunications service between points in two or more exchanges;

            (25) "InterLATA", interexchange telecommunications service between points in different local access and transportation areas;

            (26) "IntraLATA", interexchange telecommunications service between points within the same local access and transportation area;

            (27) ["Light rail" includes every rail transportation system in which one or more rail vehicles are propelled electrically by overhead catenary wire upon tracks located substantially within an urban area and are operated exclusively in the transportation of passengers and their baggage, and including all bridges, tunnels, equipment, switches, spurs, tracks, stations, used in connection with the operation of light rail;

            (28)] "Line" includes route;

            [(29)] (28) "Local access and transportation area" or "LATA", contiguous geographic area approved by the U.S. District Court for the District of Columbia in United States v. Western Electric, Civil Action No. 82-0192 that defines the permissible areas of operations for the Bell Operating companies;

            [(30)] (29) "Local exchange telecommunications company", any company engaged in the provision of local exchange telecommunications service. A local exchange telecommunications company shall be considered a "large local exchange telecommunications company" if it has at least one hundred thousand access lines in Missouri and a "small local exchange telecommunications company" if it has less than one hundred thousand access lines in Missouri;

            [(31)] (30) "Local exchange telecommunications service", telecommunications service between points within an exchange;

            [(32)] (31) "Long-run incremental cost", the change in total costs of the company of producing an increment of output in the long run when the company uses least cost technology, and excluding any costs that, in the long run, are not brought into existence as a direct result of the increment of output. The relevant increment of output shall be the level of output necessary to satisfy total current demand levels for the service in question, or, for new services, demand levels that can be demonstrably anticipated;

            [(33)] (32) "Municipality" includes a city, village or town;

            [(34)] (33) "Nonbasic telecommunications services" shall be all regulated telecommunications services other than basic local and exchange access telecommunications services, and shall include the services identified in paragraphs (d) and (e) of subdivision (4) of this section. Any retail telecommunications service offered for the first time after August 28, 1996, shall be classified as a nonbasic telecommunications service, including any new service which does not replace an existing service;

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

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

            [(37)] (36) "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;

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

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

            [(40)] (39) "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;

            [(41)] (40) "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;

            [(42)] (41) "Public utility" includes every 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;

            [(43) "Railroad" includes every railroad and railway, other than street railroad or light rail, 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;

            (44) "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 as defined in this section, or any cars or other equipment used thereon or in connection therewith;

            (45)] (42) "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;

            [(46)] (43) "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;

            [(47)] (44) "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;

            [(48)] (45) "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;

            [(49)] (46) "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;

            [(50) "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 but this term shall not include light rail as defined in this section; 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;

            (51)] (47) "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;

            [(52)] (48) "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;

            [(53)] (49) "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 commercial mobile radio 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;

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

            (h) Electronic publishing services; or

            (i) Services provided pursuant to a broadcast radio or television license issued by the Federal Communications Commission;

            [(54)] (50) "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;

            [(55)] (51) "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;

            [(56)] (52) "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;

            [(57)] (53) "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;

            [(58)] (54) "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;

            [(59)] (55) "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.

            386.190. [1.] For [his] the commissioner's services each member of the publications commission shall annually receive from the state the sum of fifty-two thousand dollars, to be paid in equal [monthly] installments. [One-half of] The compensation shall be paid from the special fund created under the provisions of section 386.370, known and designated as the "Public Service Commission Fund"[, and one-half shall be paid out of the state highway department fund].

            2. [Each member of the publications commission serving on August 13, 1984, shall prepare and submit to the governor a report on the effect of federal actions upon state regulation under the provisions of chapters 386 [to], 392, and 393, RSMo. Such report shall be submitted annually by each member until the expiration of the term that he is serving on August 13, 1984.             3. For the performance of the duties imposed under the provisions of subsection 2 of this section, each member of the publications commission shall receive a sum that, when added to the other compensation paid to that commissioner prior to August 13, 1984, will equal the sum provided by adding together the compensation specified in section 386.150 and subsection 1 of this section.]

            389.005. Except as otherwise provided in this section and sections 104.805, [226.008] 308.010, 389.610, and 621.040, RSMo, all the powers, duties and functions of the division of motor carrier and railroad safety relating to rail transportation activities, including all rules and orders, as provided in this chapter and chapters 308, 388, and 391 [and 622], RSMo, are hereby transferred to the department of transportation, which is in the charge of the state highways and transportation commission, by type I transfer as set forth in the Omnibus State Reorganization Act of 1974. Except as otherwise provided, all personnel of the division of motor carrier and railroad safety are transferred to the department of transportation [by section 226.008, RSMo,] except that the administrative law judge is transferred [by section 226.008, RSMo,] to the administrative hearing commission.

            [622.100.] 389.011. As used in this chapter and as used in chapters [387] 308, 388, [389, 390 and] 391, and 621, RSMo, when not in conflict with a specific definition in any such chapter, the following words and phrases mean:

            (1) "Commission, the state highways and transportation commission created in article IV, section 29 of the Missouri Constitution;

            (2) "Common carrier" includes [every motor carrier, as defined in section 390.020, RSMo, and] all railroad corporations, light rail, street railroad corporations, railway 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 by rail within this state;

            [(2)] (3) "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)] (4) "Department", the department of highways and transportation created in article IV, section 29 of the Missouri Constitution, and which pursuant to section 226.005, RSMo, is to be known as the department of transportation;

            (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 by rail within this state;

            (6) "Light rail", includes every rail transportation system in which one or more rail vehicles are propelled electrically by overhead catenary wire upon tracks located substantially within an urban area and are operated exclusively in the transportation of passengers and their baggage, and including all bridges, tunnels, equipment, switches, spurs, tracks, and stations used in connection with the operation of light rail;

            (7) "Line" includes route;

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

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

            [(9)] (10) "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)] (11) "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)] (12) "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)] (13) "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)] (14) "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 in this section which shall be converted wholly to motor bus operation shall nevertheless continue to be included within the term "street railroad" as used herein;

            [(14)] (15) "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)] (16) "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)] (17) "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.

            [622.015.] 389.021. [The division shall be organized so as to assume all regulatory and supervisory powers, duties and functions heretofore performed by the public service commission relating to transportation activities within the state. All the powers, duties and functions of the public service commission relating to such activities are hereby transferred to this division by type II transfer as set forth in the reorganization act of 1974.] Assessments made for the expenses of railroad regulation, as required by law, shall be paid into the "Railroad Expense Fund", a special fund which is hereby established in the state treasury. The fund shall be applicable to appropriation of the general assembly and shall be devoted solely to the payment of expenditures incurred by the [division] state highways and transportation commission and attributable to the regulation of railroads. Any amount remaining in the special fund at the end of any fiscal year shall not revert to the general revenue fund. [All powers, duties and functions of the public service commission relating to common carriers generally, chapter 387, RSMo, railroad corporations, chapters 388 and 389, RSMo, motor carriers and express companies, chapter 390, RSMo, street railroads, chapter 391, RSMo, and other statutes relevant to transportation activities are transferred to the motor carrier and railroad safety division of the department of economic development and that division is the successor to the public service commission for the purposes of those chapters. Except as otherwise provided herein, the provisions of chapter 386, RSMo, that relate to the powers and duties of the public service commission and the procedure before the public service commission and the courts are hereby made applicable to the motor carrier and railroad safety division. Definitions contained in those chapters shall continue and shall be applied by the motor carrier and railroad safety division as they have been applied prior to July 1, 1985, until changed by law. Wherever the word "commission" is used, the word "division" shall be substituted therefor. Wherever the word "commissioner" is used, the words "administrative law judge" shall be substituted therefor.]

            [622.110.] 389.035. 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.] 389.041. The [director of the division] state highways and transportation commission 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] commission for a period of five years or longer and which are determined by the [director of the division] commission 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] chief counsel of the commission to be the subject of litigation or dispute.

            [622.140.] 389.055. 1. The [division] state highways and transportation commission 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] 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, 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] 389.035 and to that end the [division] 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 railroad expense fund established in section [622.015] 389.021 and appropriated for the purposes for which they are received.

            3. The [division] 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, 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] 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.

            [622.160.] 389.065. 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] state highways and transportation commission as arbitrator, the commission shall designate an employee who 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.

            389.071. 1. The state highways and transportation commission 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 commission in the required method or form of keeping a system of accounts shall be given to such persons or corporations by the commission at least six months before the same are to take effect. The system of accounts established by the commission 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 Federal Surface Transportation Board under the provisions of Part A of Subtitle IV of Title 49 of the United States Code, and the acts amendatory thereof or supplementary thereto.

            2. The commission 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 commission to inspect and examine any and all accounts, records and memoranda kept by such corporations.

            [622.200.] 389.075. 1. Every railroad and street railroad shall file an annual report with the [division of motor carrier and railroad safety] state highways and transportation commission, 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] commission 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] commission 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.