Provision of energy services, limitations, exceptions--agreementswith commission to pay business license taxes--nonseverability clause.
393.299. 1. No person, other than a distributor or a politicalsubdivision operating within its territorial limits, shall provide energyservices in a political subdivision which has business license taxes ineffect pursuant to section 66.300, RSMo, section 71.610, RSMo, section92.045, RSMo, section 94.110 or 94.360, RSMo, on persons who sell energyservices unless the person is certified by the commission as a seller andfiles its agreement with the commission to pay to the political subdivisionall applicable business license taxes. All retail sales of energy shall bemade by a distributor, seller or a political subdivision operating withinits territorial limits. No distributor or political subdivision shallprovide energy services to any person on behalf of any seller unless theseller has been certified as a seller and filed its agreement with thecommission to pay all applicable business license taxes and the commissionhas furnished such distributor or political subdivision with evidence ofsuch certification.
2. No person shall provide energy services in a political subdivisionif a franchise agreement is in effect between a distributor and a politicalsubdivision with respect to energy services, or if the politicalsubdivision owns the distribution system, unless (1) that person entersinto an agreement with the political subdivision to pay its proportionateshare of the franchise fee or the PILOT, which agreement shall be suppliedto the distributor, or (2) the person obtains certification from thecommission as a seller and files its agreement to pay the seller'sproportionate share of any franchise fee or PILOT. No distributor orpolitical subdivision shall provide energy services to any person on behalfof any seller if a franchise agreement is in effect between a distributorand a political subdivision for energy services, or if the politicalsubdivision owns the distribution system, unless (1) that seller hasentered into an agreement with the political subdivision to pay theseller's proportionate share of the franchise fee or the PILOT, or (2) theseller has obtained certification from the commission as a seller and filesits agreement to pay the seller's proportionate share of any franchise feeor PILOT.
3. An agreement described in subsections 1 and 2 of this sectionshall expressly state that the seller waives (1) its right to challenge thevalidity of the agreement and (2) its right to the refund of amounts paidpursuant to the agreement. Any person who otherwise has standing maychallenge the validity of this section without signing such agreement byfiling an action for a declaratory judgment in circuit court in the countyin which the political subdivision is located. The agreement filed withthe commission under subsections 1 and 2 of this section shall be limitedsolely to the requirements of this subsection and the seller's agreement topay its taxes, its proportionate share of franchise fees or PILOT's andprovisions which require the seller to make available to the politicalsubdivision or the commission its records, including the right to audit.
4. The commission shall establish procedures for certificationpursuant to chapter 536, RSMo.
5. Nothing in this section shall be construed to give any seller theright to use the rights-of-way, utility easements or the distributionsystem of any distributor or political subdivision for any purpose otherthan to provide energy services to the seller's retail customers.
6. Any agreement described in subsection 1 or 2 of this section shallcease to be effective upon the failure of the seller to fulfill anymaterial obligation under the agreement. The appropriate politicalsubdivision shall notify the commission of any failure to pay any amountrequired by any agreement described in subsection 1 or 2 of this section.Upon such notification, the commission shall immediately notify the sellerwhich shall cease to provide energy services unless it requests a hearingwith the commission within fifteen days of the date the notice is filedwith the commission. Upon receiving notice from the seller requesting ahearing, the commission shall conduct a hearing to determine whether allmaterial obligations under an agreement have been satisfied. If thecommission determines that material obligations have not been satisfied, itshall notify the distributor, and the seller shall thereafter be prohibitedfrom providing energy services from the date set forth in the notice, whichshall not be less than thirty days after the commission makes itsdetermination. The distributor shall not provide energy services to theseller if the distributor does not request a hearing after being notifiedof its material fault or if the commission determines that the seller hasfailed to satisfy a material obligation of the agreement and thirty dayshave expired from the date of the commission notification of a breach of amaterial obligation of any agreement authorized by subsection 1 or 2 ofthis section.
7. A seller shall be required to pay a political subdivision at arate equal to but not greater than the rate paid by a distributor forbusiness license taxes, franchise fees or PILOT's as provided for in anordinance or order of the political subdivision or in a franchiseagreement.
8. This section shall not be construed as conferring any rights onany seller to provide energy services within a political subdivision in thestate of Missouri. No seller may provide energy services unless it does soin accordance with all applicable laws and in accordance with theapplicable rules of the commission. Any seller of natural gas shall fileits agreement with the commission within thirty days from the passage ofthis section.
9. Any person liable for the tax under this section, upon proof thatsuch person has paid a tax in another state or political subdivision withrespect to a charge for the sale or transfer of such gas, electricity orenergy services, shall be allowed a credit against the tax authorized bythis section, to the extent of the amount of the tax legally due and paidin the other state or political subdivision with respect to such charge.
10. Notwithstanding the provisions of section 1.140, RSMo, to thecontrary, the provisions of this section shall be nonseverable, and ifany provision is for any reason held to be invalid, such decision shallinvalidate all of the remaining provisions of this section.
Provision of energy services, limitations, exceptions--agreementswith commission to pay business license taxes--nonseverability clause.
393.299. 1. No person, other than a distributor or a politicalsubdivision operating within its territorial limits, shall provide energyservices in a political subdivision which has business license taxes ineffect pursuant to section 66.300, RSMo, section 71.610, RSMo, section92.045, RSMo, section 94.110 or 94.360, RSMo, on persons who sell energyservices unless the person is certified by the commission as a seller andfiles its agreement with the commission to pay to the political subdivisionall applicable business license taxes. All retail sales of energy shall bemade by a distributor, seller or a political subdivision operating withinits territorial limits. No distributor or political subdivision shallprovide energy services to any person on behalf of any seller unless theseller has been certified as a seller and filed its agreement with thecommission to pay all applicable business license taxes and the commissionhas furnished such distributor or political subdivision with evidence ofsuch certification.
2. No person shall provide energy services in a political subdivisionif a franchise agreement is in effect between a distributor and a politicalsubdivision with respect to energy services, or if the politicalsubdivision owns the distribution system, unless (1) that person entersinto an agreement with the political subdivision to pay its proportionateshare of the franchise fee or the PILOT, which agreement shall be suppliedto the distributor, or (2) the person obtains certification from thecommission as a seller and files its agreement to pay the seller'sproportionate share of any franchise fee or PILOT. No distributor orpolitical subdivision shall provide energy services to any person on behalfof any seller if a franchise agreement is in effect between a distributorand a political subdivision for energy services, or if the politicalsubdivision owns the distribution system, unless (1) that seller hasentered into an agreement with the political subdivision to pay theseller's proportionate share of the franchise fee or the PILOT, or (2) theseller has obtained certification from the commission as a seller and filesits agreement to pay the seller's proportionate share of any franchise feeor PILOT.
3. An agreement described in subsections 1 and 2 of this sectionshall expressly state that the seller waives (1) its right to challenge thevalidity of the agreement and (2) its right to the refund of amounts paidpursuant to the agreement. Any person who otherwise has standing maychallenge the validity of this section without signing such agreement byfiling an action for a declaratory judgment in circuit court in the countyin which the political subdivision is located. The agreement filed withthe commission under subsections 1 and 2 of this section shall be limitedsolely to the requirements of this subsection and the seller's agreement topay its taxes, its proportionate share of franchise fees or PILOT's andprovisions which require the seller to make available to the politicalsubdivision or the commission its records, including the right to audit.
4. The commission shall establish procedures for certificationpursuant to chapter 536, RSMo.
5. Nothing in this section shall be construed to give any seller theright to use the rights-of-way, utility easements or the distributionsystem of any distributor or political subdivision for any purpose otherthan to provide energy services to the seller's retail customers.
6. Any agreement described in subsection 1 or 2 of this section shallcease to be effective upon the failure of the seller to fulfill anymaterial obligation under the agreement. The appropriate politicalsubdivision shall notify the commission of any failure to pay any amountrequired by any agreement described in subsection 1 or 2 of this section.Upon such notification, the commission shall immediately notify the sellerwhich shall cease to provide energy services unless it requests a hearingwith the commission within fifteen days of the date the notice is filedwith the commission. Upon receiving notice from the seller requesting ahearing, the commission shall conduct a hearing to determine whether allmaterial obligations under an agreement have been satisfied. If thecommission determines that material obligations have not been satisfied, itshall notify the distributor, and the seller shall thereafter be prohibitedfrom providing energy services from the date set forth in the notice, whichshall not be less than thirty days after the commission makes itsdetermination. The distributor shall not provide energy services to theseller if the distributor does not request a hearing after being notifiedof its material fault or if the commission determines that the seller hasfailed to satisfy a material obligation of the agreement and thirty dayshave expired from the date of the commission notification of a breach of amaterial obligation of any agreement authorized by subsection 1 or 2 ofthis section.
7. A seller shall be required to pay a political subdivision at arate equal to but not greater than the rate paid by a distributor forbusiness license taxes, franchise fees or PILOT's as provided for in anordinance or order of the political subdivision or in a franchiseagreement.
8. This section shall not be construed as conferring any rights onany seller to provide energy services within a political subdivision in thestate of Missouri. No seller may provide energy services unless it does soin accordance with all applicable laws and in accordance with theapplicable rules of the commission. Any seller of natural gas shall fileits agreement with the commission within thirty days from the passage ofthis section.
9. Any person liable for the tax under this section, upon proof thatsuch person has paid a tax in another state or political subdivision withrespect to a charge for the sale or transfer of such gas, electricity orenergy services, shall be allowed a credit against the tax authorized bythis section, to the extent of the amount of the tax legally due and paidin the other state or political subdivision with respect to such charge.
10. Notwithstanding the provisions of section 1.140, RSMo, to thecontrary, the provisions of this section shall be nonseverable, and ifany provision is for any reason held to be invalid, such decision shallinvalidate all of the remaining provisions of this section.
Provision of energy services, limitations, exceptions--agreementswith commission to pay business license taxes--nonseverability clause.
393.299. 1. No person, other than a distributor or a politicalsubdivision operating within its territorial limits, shall provide energyservices in a political subdivision which has business license taxes ineffect pursuant to section 66.300, RSMo, section 71.610, RSMo, section92.045, RSMo, section 94.110 or 94.360, RSMo, on persons who sell energyservices unless the person is certified by the commission as a seller andfiles its agreement with the commission to pay to the political subdivisionall applicable business license taxes. All retail sales of energy shall bemade by a distributor, seller or a political subdivision operating withinits territorial limits. No distributor or political subdivision shallprovide energy services to any person on behalf of any seller unless theseller has been certified as a seller and filed its agreement with thecommission to pay all applicable business license taxes and the commissionhas furnished such distributor or political subdivision with evidence ofsuch certification.
2. No person shall provide energy services in a political subdivisionif a franchise agreement is in effect between a distributor and a politicalsubdivision with respect to energy services, or if the politicalsubdivision owns the distribution system, unless (1) that person entersinto an agreement with the political subdivision to pay its proportionateshare of the franchise fee or the PILOT, which agreement shall be suppliedto the distributor, or (2) the person obtains certification from thecommission as a seller and files its agreement to pay the seller'sproportionate share of any franchise fee or PILOT. No distributor orpolitical subdivision shall provide energy services to any person on behalfof any seller if a franchise agreement is in effect between a distributorand a political subdivision for energy services, or if the politicalsubdivision owns the distribution system, unless (1) that seller hasentered into an agreement with the political subdivision to pay theseller's proportionate share of the franchise fee or the PILOT, or (2) theseller has obtained certification from the commission as a seller and filesits agreement to pay the seller's proportionate share of any franchise feeor PILOT.
3. An agreement described in subsections 1 and 2 of this sectionshall expressly state that the seller waives (1) its right to challenge thevalidity of the agreement and (2) its right to the refund of amounts paidpursuant to the agreement. Any person who otherwise has standing maychallenge the validity of this section without signing such agreement byfiling an action for a declaratory judgment in circuit court in the countyin which the political subdivision is located. The agreement filed withthe commission under subsections 1 and 2 of this section shall be limitedsolely to the requirements of this subsection and the seller's agreement topay its taxes, its proportionate share of franchise fees or PILOT's andprovisions which require the seller to make available to the politicalsubdivision or the commission its records, including the right to audit.
4. The commission shall establish procedures for certificationpursuant to chapter 536, RSMo.
5. Nothing in this section shall be construed to give any seller theright to use the rights-of-way, utility easements or the distributionsystem of any distributor or political subdivision for any purpose otherthan to provide energy services to the seller's retail customers.
6. Any agreement described in subsection 1 or 2 of this section shallcease to be effective upon the failure of the seller to fulfill anymaterial obligation under the agreement. The appropriate politicalsubdivision shall notify the commission of any failure to pay any amountrequired by any agreement described in subsection 1 or 2 of this section.Upon such notification, the commission shall immediately notify the sellerwhich shall cease to provide energy services unless it requests a hearingwith the commission within fifteen days of the date the notice is filedwith the commission. Upon receiving notice from the seller requesting ahearing, the commission shall conduct a hearing to determine whether allmaterial obligations under an agreement have been satisfied. If thecommission determines that material obligations have not been satisfied, itshall notify the distributor, and the seller shall thereafter be prohibitedfrom providing energy services from the date set forth in the notice, whichshall not be less than thirty days after the commission makes itsdetermination. The distributor shall not provide energy services to theseller if the distributor does not request a hearing after being notifiedof its material fault or if the commission determines that the seller hasfailed to satisfy a material obligation of the agreement and thirty dayshave expired from the date of the commission notification of a breach of amaterial obligation of any agreement authorized by subsection 1 or 2 ofthis section.
7. A seller shall be required to pay a political subdivision at arate equal to but not greater than the rate paid by a distributor forbusiness license taxes, franchise fees or PILOT's as provided for in anordinance or order of the political subdivision or in a franchiseagreement.
8. This section shall not be construed as conferring any rights onany seller to provide energy services within a political subdivision in thestate of Missouri. No seller may provide energy services unless it does soin accordance with all applicable laws and in accordance with theapplicable rules of the commission. Any seller of natural gas shall fileits agreement with the commission within thirty days from the passage ofthis section.
9. Any person liable for the tax under this section, upon proof thatsuch person has paid a tax in another state or political subdivision withrespect to a charge for the sale or transfer of such gas, electricity orenergy services, shall be allowed a credit against the tax authorized bythis section, to the extent of the amount of the tax legally due and paidin the other state or political subdivision with respect to such charge.
10. Notwithstanding the provisions of section 1.140, RSMo, to thecontrary, the provisions of this section shall be nonseverable, and ifany provision is for any reason held to be invalid, such decision shallinvalidate all of the remaining provisions of this section.
