HCS#2 SB 165 -- MISSOURI PUBLIC SERVICE COMMISSION ORDERS

SPONSOR:  Bartle (Byrd)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 12 to 0.

This substitute changes the procedure for the appeal of a
Missouri Public Service Commission order.  The notice of appeal
must be filed with the commission rather than a circuit court.
The commission will forward the notice of appeal to the
appropriate appellate court and notify all parties to the case.
The commission will also forward the record of the case to the
appellate court, and no new evidence may be introduced.  Nothing
will prohibit a court from issuing remedial writs and equitable
relief prior to the filing of an appeal.  The filing of the
notice of appeal does not automatically stay the commission's
order.

The appealing party may ask the appellate court to appoint a
special master to determine whether the order must be stayed.
The court of appeals must appoint the special master within three
business days of the filing of the motion for appointment.  The
special master may not make any findings or recommendations
staying or suspending the operation of the commission's order or
decision until after a hearing, and the parties must receive at
least three days' notice of the hearing.  The party requesting
the stay must, before the hearing, post with the registry of the
appellate court the amount determined by the appellate court to
be necessary for the costs of the special master.  The findings
and recommendations of the special master will become the
decision of the appellate court if adopted by the appellate
court.  The commission's order or decision will not be stayed or
suspended until a supersedeas bond has been executed and filed
with the special master and approved by the appellate court.
Appeals of the commission's orders must be heard by the appellate
court in an expedited manner.  Current law regarding special
procedures for the appeal of commission orders or decisions is
repealed.

FISCAL NOTE:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

PROPONENTS:  Supporters say that the bill allows for the direct
appeal of Missouri Public Service Commission cases to the
Missouri Court of Appeals.  Many of these cases eventually are
heard in the court of appeals, and allowing for the direct appeal
will save time and money for the appellant.

Testifying for the bill was Senator Bartle.

OPPONENTS:  There was no opposition voiced to the committee.

Amy Woods, Senior Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:21 pm