SECOND REGULAR SESSION
[PERFECTED]
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MAYER.
Read 1st time February 26, 2004, and copies ordered printed.
Read 2nd time March 1, 2004 and referred the Committee on Communications, Energy and Technology March 9, 2004.
Reported from the Committee on Communications, Energy and Technology March 11, 2004, with recommendation that the bill Do Pass by Consent.
Perfected by Consent March 29, 2004.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal section 416.615, RSMo, as enacted by conference committee substitute for senate substitute for senate committee substitute for house substitute for house bill no. 414, eighty-eighth general assembly, first regular session, and to reenact section 416.615, RSMo, as enacted by house committee substitute for senate bill no. 374, eighty-seventh general assembly, first regular session, and section 416.640 as repealed by conference committee substitute for senate substitute for senate committee substitute for house substitute for house bill no. 414, eighty-eighth general assembly, first regular session, for the sole purpose of the republication of sections 416.615 and 416.640.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 416.615, RSMo, as enacted by conference committee substitute for senate substitute for senate committee substitute for house substitute for house bill no. 414, eighty-eighth general assembly, first regular session, is repealed, and sections 416.615, RSMo, as enacted by house committee substitute for senate bill no. 374, eighty-seventh general assembly, first regular session, and 416.640, RSMo, as repealed by conference committee substitute for senate substitute for senate committee substitute for house substitute for house bill no. 414, eighty-eighth general assembly, first regular session, are reenacted, to read as follows:
416.615. 1. It is unlawful for any person engaged in commerce within this state to sell or offer to sell motor fuel below cost as defined in subdivision (2) of section 416.605, if:
(1) The intent or effect of the sale or offer is to injure competition; or
(2) The intent or effect of the sale or offer is to induce the purchase of other merchandise, to unfairly divert trade from a competitor, or otherwise to injure a competitor.
2. It is unlawful for any person engaged in commerce within this state to sell or offer to sell motor fuel at a price lower than the seller charges other persons at the same time and on the same level of distribution, if the intent or effect of the sale or offer is to injure competition.
3. It is unlawful for a person engaged in commerce in this state to sell or transfer motor fuel to itself or an affiliate for resale in this state on a different marketing level of distribution at a transfer price lower than the price it charges a person who purchases for resale at the same time and on the same level of distribution, if the intent or effect of the sale or transfer is to injure competition.
416.640. In any action brought pursuant to sections 416.600 to 416.640, the burden of proof, upon a prima facie showing of a violation, shall shift to the defendant to show justification. Unless justification is shown, the court shall award judgment for the plaintiff.