EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 653
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CIERPIOT.
2582S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 386.370, RSMo, and to enact in lieu thereof one new section relating to the
expenses incurred for the regulation of public utilities.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 386.370, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 386.370, 2
to read as follows:3
386.370. 1. The commission shall, prior to the 1
beginning of each fiscal year beginning with the fiscal year 2
commencing on July 1, 1947, make an estimate of the expenses 3
to be incurred by it during such fiscal year reasonably 4
attributable to the regulation of public utilities as 5
provided in chapters 386, 392 and 393 and shall also 6
separately estimate the amount of such expenses directly 7
attributable to such regulation of each of the following 8
groups of public utilities: electrical corporations, gas 9
corporations, water corporations, heating companies and 10
telephone corporations, telegraph corporations, sewer 11
corporations, and any other public utility as defined in 12
section 386.020, as well as the amount of such expenses not 13
directly attributable to any such group. For purposes of 14
this section, water corporations and sewer corporations will 15
be combined and considered one group of public utilities. 16
2. The commission shall allocate to each such group of 17
public utilities the estimat ed expenses directly 18 SB 653 2
attributable to the regulation of such group and an amount 19
equal to such proportion of the estimated expenses not 20
directly attributable to any group as the gross intrastate 21
operating revenues of such group during the preceding 22
calendar year bears to the total gross intrastate operating 23
revenues of all public utilities subject to the jurisdiction 24
of the commission, as aforesaid, during such calendar year. 25
The commission shall then assess the amount so allocated to 26
each group of public utilities, subject to reduction as 27
herein provided, to the public utilities in such group in 28
proportion to their respective gross intrastate operating 29
revenues during the preceding calendar year, except that the 30
total amount so assessed to all such public utilities shall 31
not exceed three hundred [fifteen] fifty thousandths of one 32
percent of the total gross intrastate operating revenues of 33
all utilities subject to the jurisdiction of the commission. 34
3. The commission shall render a state ment of such 35
assessment to each such public utility on or before July 36
first and the amount so assessed to each such public utility 37
shall be paid by it to the director of revenue in full on or 38
before July fifteenth next following the rendition of such 39
statement, except that any such public utility may at its 40
election pay such assessment in four equal installments not 41
later than the following dates next following the rendition 42
of said statement, to wit: July fifteenth, October 43
fifteenth, January fif teenth and April fifteenth. The 44
director of revenue shall remit such payments to the state 45
treasurer. 46
4. The state treasurer shall credit such payments to a 47
special fund, which is hereby created, to be known as "The 48
Public Service Commission Fun d", which fund, or its 49
successor fund created pursuant to section 33.571, shall be 50 SB 653 3
devoted solely to the payment of expenditures actually 51
incurred by the commission and attributable to the 52
regulation of such public utilities subject to the 53
jurisdiction of the commission, as aforesaid. Any amount 54
remaining in such special fund or its successor fund at the 55
end of any fiscal year shall not revert to the general 56
revenue fund, but shall be applicable by appropriation of 57
the general assembly to the paym ent of such expenditures of 58
the commission in the succeeding fiscal year and shall be 59
applied by the commission to the reduction of the amount to 60
be assessed to such public utilities in such succeeding 61
fiscal year, such reduction to be allocated to eac h group of 62
public utilities in proportion to the respective gross 63
intrastate operating revenues of the respective groups 64
during the preceding calendar year. 65
5. In order to enable the commission to make the 66
allocations and assessments herein provi ded for, each public 67
utility subject to the jurisdiction of the commission as 68
aforesaid shall file with the commission, within ten days 69
after August 28, 1996, and thereafter on or before March 70
thirty-first of each year, a statement under oath showing 71
its gross intrastate operating revenues for the preceding 72
calendar year, and if any public utility shall fail to file 73
such statement within the time aforesaid the commission 74
shall estimate such revenue which estimate shall be binding 75
on such public utility for the purpose of this section. 76