SB 1202

Transfers various powers to the Department of Transportation to implement Governor's Executive Order

Sponsor:	Westfall
LR Number:	4670L.15T	Fiscal Note:	4670-15
Committee:	Transportation
Last Action:	07/11/02 - Signed by Governor (w/EC)		Journal page:
Title:	CCS HCS SCS SB 1202
Effective Date:	Emergency Clause

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CCS/HCS/SCS/SB 1202 - This act transfers various agencies or powers to a newly created Motor Carrier Services Unit within the Department of Transportation. This act is created to implement the Governor's Executive Order 02-03 (February 7, 2002) which transfers these agencies to the Department of Transportation so that commercial truck drivers can obtain licenses and other services from one department. The concept is often referred to as "One-Stop Shop".

This act transfers the motor carrier and railroad functions of the various entities (Division of Motor Carrier Services, Highway Reciprocity, and DNR (licensing of transporting hazardous waste) to the Department of Transportation by a Type I transfer. The Division of Motor Carrier and Railroad Safety and the Highway Reciprocity Commission are abolished. The personnel of those respective entities are transferred to the Department of Transportation. The act also transfers the Division of Motor Carrier and Railroad Safety Administrative Law Judge to the Department of Transportation (in the Senate version, the ALJ was transferred to the Administrative Hearing Commission (AHC)). All the powers, duties and functions of the administrative law judges of the Division of Motor Carrier and Railroad Safety are transferred to the AHC.

This act also allows employees transferred to the Department of Transportation who are currently under the MOSERS retirement system to elect into the MoDOT retirement system. This election must occur within 90 days of the effective date of this act. Any election to choose the MoDOT retirement system plan will result in the forfeiture of any rights or benefits in the MOSERS plan. If the employees choose not to elect this option, the employees will remain in MOSERS plan (Section 104.805). If an election is made to join the MoDOT retirement system, the effective date for membership and transfer of creditable service shall be January 1, 2003. MOSERS shall pay to the MoDOT retirement plan an amount actuarially determined to equal the liability transferred from the MOSERS plan. No employee shall receive service credit for the same period of service under more than one retirement system.

This act also has an emergency clause and shall be effective upon passage and approval, or July 1, 2002, whichever later occurs.

STEPHEN WITTE