FIRST REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE WILLOUGHBY.
Read 1st time February 6, 2003, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal section 386.570, RSMo, and to enact in lieu thereof one new section relating to violations of public service commission orders.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 386.570, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 386.570, to read as follows:
386.570. 1. Any corporation, person [or], public utility, or municipality that owns a gas plant 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 commission in a case in which a penalty has not herein been provided for such corporation, person [or], public utility, or municipality that owns a gas plant, is subject to a penalty of not less than one hundred dollars nor more than two thousand dollars for each offense. 2. To the extent that Section 60105(b)(7) of the Natural Gas Pipeline Safety Act, 49 U.S.C. Section 60101 et. seq., requires that state remedies for violations of federal safety standards established pursuant to such Act shall be substantially the same as remedies provided by such Act, the maximum penalties for violations of such federally mandated safety standards, which shall also constitute violations of the commission's rules, shall be no greater than the maximum penalties permitted to the state by federal law, pursuant to Section 60122(a)(1) of such Act, for each violation and for any related series of such violations, notwithstanding any provisions of subsection 1 of this section to the contrary. In determining the amount of the penalty, the nature, circumstances, and gravity of the violation shall be considered and, with respect to the corporation, person, public utility, or municipality that owns a gas plant found to have committed the violation, the following shall be considered:
(1) The degree of culpability;
(2) Any history of prior violations;
(3) The effect of the penalty on the entity's ability to continue operation;
(4) Any good faith effort in attempting to achieve compliance;
(5) Ability to pay the penalty; and
(6) Such other matters as are relevant in the case.
3. Every violation of the provisions of this or any other law or of any order, decision, decree, rule, [direction, demand] or requirement of the commission, or any part or portion thereof, by any corporation [or], person [or], public utility, or municipality that owns a gas plant 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.] 4. 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 corporation, person [or], public utility, or municipality that owns a gas plant, acting within the scope of his or her official duties of employment, shall in every case be [and be deemed to be] the act, omission, or failure of such corporation, person [or], public utility, or municipality that owns a gas plant.