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SECOND REGULAR SESSION
HOUSE BILL NO. 3515
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE CUPPS.
7516H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 1, RSMo, by adding thereto one new section relating to diesel-powered
vehicles, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 1, RSMo, is amended by adding thereto one new section, to be
2 known as section 1.371, to read as follows:
1.371. 1. As used in this section, the term "diesel-power ed vehicle" means any of
2 the following, as defined in section 301.010, that is power ed by a diesel-fueled engine:
3 (1) Automobile transporter;
4 (2) Boat transporter;
5 (3) Bus;
6 (4) Commer cial motor vehicle;
7 (5) Farm tractor;
8 (6) Fleet vehicle;
9 (7) Local commer cial motor vehicle;
10 (8) Local log truck;
11 (9) Local log truck tractor;
12 (10) Local transit bus;
13 (1 1) Log truck;
14 (12) Non-USA-std motor vehicle;
15 (13) Recreation al motor vehicle;
16 (14) School bus;
17 (15) Shuttle bus;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (16) T ractor , truck tractor , or truck-tractor;
19 (17) T ruck;
20 (18) T ruck-tractor semitrailer -semitrailer;
21 (19) T ruck-trailer boat transporter combination; or
22 (20) Wr ecker or tow truck.
23 2. No entity or person, including any public officer or employee of this state or
24 any political subdivision of this state, shall have the authority to enfor ce or attempt to
25 enfor ce any federal acts, laws, executive orders, administrative orders, court orders,
26 rules, regul ations, statutes, or ordinances governing the r emoval of emission contr ol
27 devices on any diesel-power ed vehicle.
28 3. (1) Any entity that employs any person who acts knowingly , as defined in
29 section 562.016, to violate the pr ovisions of subsection 2 of this section while acting
30 under the color of any state or federal law shall be liable to the injur ed party in an
31 action at law , suit in equity , or other pr oper proceed ing for red res s.
32 (2) In such actions, the court may award the pr evailing party , other than the
33 state of Missouri or any political subdivision of the state, reas onable attorney's fees and
34 costs.
35 (3) Sover eign, official, or qualified immunity shall not be an affirmative defense
36 in such actions.
37 4. (1) Any entity that employs an individual acting as an official, agent,
38 employee, or deputy of the government of the United States, or otherwise acting under
39 the color of federal law within the borders of this state, shall be subject to a civil penalty
40 of one hundr ed thousand dollars per occurr ence if such individual, acting knowingly , as
41 defined in section 562.016:
42 (a) Enfor ces or attempts to enforce any of the federal legislative, executive, or
43 judicial actions described in subsection 2 of this section; or
44 (b) Gives material aid and support to the efforts of another who enforces or
45 attempts to enforce any of the federal legislative, executive, or judicial actions described
46 in subsection 2 of this section.
47 (2) Any person res iding or conducting business in a jurisdiction who believes
48 that an individual has taken action that would violate the prov isions of this section shall
49 have standing to pursue an action for declaratory judgment in the cir cuit court of the
50 county in which the action allegedly occurred or in the circu it court of Cole County with
51 r espect to the actions of such individual.
52 (3) If a court determines that an individual has taken any action in violation of
53 the pr ovisions of this section, the entity that employs such individual shall be requ ired to
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54 pay the court costs and attorney's fees associated with the declaratory judgment action
55 that r esulted in the civil penalty .
✔
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