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SECOND REGULAR SESSION
HOUSE BILL NO. 3454
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BOYKO.
7385H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 386, RSMo, by adding thereto one new section relating to public utilities
employees' whistleblower protections.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 386, RSMo, is amended by adding thereto one new section, to be
2 known as section 386.1 150, to read as follows:
386.1 150 . 1. For purposes of this section, the following terms mean:
2 (1) "Commission", the Missouri public service commission;
3 (2) "Public counsel", the Missouri office of the public counsel;
4 (3) "Public utility", the same as defined in section 386.020;
5 (4) "Pr otected person", an employee of a public utility who has rep orted to the
6 pr oper authorities an unlawful act, serious misconduct that violates public policy , or any
7 other violation pro mulgated by a statute, rule, r egulation, or any other pr ovision of law
8 by a public utility; or an employee of a public utility who re fused to carry out a dir ective
9 by the public utility that if completed would be a violation of a law , rule, or regu lation of
10 the commission. "Pr otected person" includes any person serving on a board of
11 dir ectors; any person serving in leadership roles, such as an executive, manager ,
12 supervisor , or any employee, applicant, former employee, or contractor subject to the
13 authority of the commission.
14 2. The commission and public counsel shall each designate counsel to stand as
15 ombudsman who shall accept any complaint or information pr ovided by a pro tected
16 person as to any act or omission by a public utility that violates curre nt law or any rule
17 or reg ulation pro mulgated by the commission under this chapter .
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 3. Any information prov ided to the ombudsman under this section pertaining to
19 the identity of the protected person shall be kept confidential and a closed record under
20 chapter 610.
21 4. Any information pr ovided to the ombudsman pertaining to a rate case shall be
22 placed in an official rate case file, but any information pertaining to the identity of the
23 pr otected person under this section shall be redacted.
24 5. The commission and public counsel shall each have the power to investigate or
25 make an inquiry as to any act or omission by a public utility based on a complaint or
26 information pr ovided by a pro tected person under this section.
27 6. After rec eiving the complaint or information from a pr otected person, the
28 commission and public counsel shall:
29 (1) Both confirm r eceipt of the complaint or information to the pro tected
30 person;
31 (2) Pr ovide an opportunity for the pr otected person to meet with an investigator
32 investigating or making an inquiry as to any act or omission by the public utility under
33 subsection 5 of this section;
34 (3) Pr ovide an opportunity for the pro tected person to reb ut any denial by the
35 public utility pertaining to any act or omission by the public utility that is being
36 investigated; and
37 (4) Pr ovide an opportunity for the pr otected person to comment on a
38 pr eliminary investigative rep ort pertaining to any act or omission by the public utility , if
39 any , that has been investigated under subsection 5 of this section.
40 7. Any rebu ttal, denial, or any comments under subsection 6 of this section shall
41 be included in the record of the complaint.
42 8. The commission and public counsel shall both send notification to the
43 pr otected person of the final r esult of the investigation pertaining to any act or omission
44 by the public utility under this section.
45 9. A pro tected person under this section shall have the same re medies as a
46 pr otected person under section 285.575.
47 10. The commission shall promul gate rules to enforce the pr ovisions of this
48 section. Any rule or portion of a rule, as that term is defined in section 536.010, that is
49 cr eated under the authority delegated in this section shall become effective only if it
50 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
51 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
52 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
53 effective date, or to disappr ove and annul a rule ar e subsequently held unconstitutional,
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54 then the grant of rulemaking authority and any rule pro posed or adopted after August
55 28, 2026, shall be invalid and void.
✔
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