reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.370 - Transitionally competitive telecommunications services, classified when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
• Effective - 28 Aug 2008
392.370. Transitionally competitive telecommunications services, classified when. —
After the effective date of an order of the commission which finds, pursuant to section 392.361, that a telecommunications service is sufficiently competitive to justify a lesser degree of regulation, the same, substitutable, or equivalent service offered by a transitionally competitive or noncompetitive telecommunications company shall be classified as transitionally competitive, if the telecommunications service granted a lesser degree of regulation is authorized to be provided anywhere within the certificated or service area of the transitionally competitive or noncompetitive telecommunications company. Any transitionally competitive telecommunications service offered by a noncompetitive local exchange telecommunications company shall be classified as a competitive telecommunications service no later than three years after the effective date of a tariff for such service bearing the classification "transitionally competitive". Any transitionally competitive service offered by a transitionally competitive interexchange telecommunications company shall be classified as a competitive telecommunications service no later than two years after the effective date of a tariff for such service bearing the classification "transitionally competitive". The exchange access rates of an incumbent local exchange company that is declared a competitive telecommunications company shall not exceed the rates that were charged at the time the company became a competitive telecommunications company. The exchange access rates of an alternative local exchange company shall not exceed the exchange access rates of the incumbent local exchange company against whom the alternative local exchange company is competing.
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(L. 1987 H.B. 360, A.L. 2008 H.B. 1779)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.380 - Applicability of law to competitive and transitionally competitive telecommunications companies and services.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
• Effective - 28 Aug 1987
392.380. Applicability of law to competitive and transitionally competitive telecommunications companies and services. —
1. The provisions of chapter 386 and sections 392.010 to 392.360 shall be fully and equally applicable to noncompetitive telecommunications companies and services and the regulation thereof.
2. Except to the extent modified or supplemented by the specific provisions of sections 392.361 to 392.530, the provisions of chapter 386 and sections 392.010 to 392.360 are fully and equally applicable to competitive and transitionally competitive telecommunications services and to all telecommunications companies and the regulation thereof.
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(L. 1987 H.B. 360)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.390 - Minimum requirements of telecommunications companies, reports to be filed with commission.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
• Effective - 28 Aug 1987
392.390. Minimum requirements of telecommunications companies, reports to be filed with commission. —
Except as provided in subsection 1 of section 392.520, a telecommunications company shall at a minimum:
(1) File annual reports with the commission as required by the commission and in a form and at times prescribed by the commission. The commission may require different forms of annual reports for different telecommunications companies;
(2) Comply with any subpoena issued by the commission, any order issued by the commission pursuant to section 386.450 and provide specific answers to any questions asked by the commission pursuant to subsection 1 of section 392.210;
(3) Comply with any reasonable requirements which shall be imposed by the commission for determining and reporting the jurisdictional nature of the telecommunications services it provides;
(4) Be subject to the provisions of sections 386.320 and 386.330; and
(5) Be subject to the provisions of subsections 2, 3, 4 and 5 of section 392.200, so far as such provisions are applicable to a telecommunications company.
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(L. 1987 H.B. 360)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.415 - Call location information to be provided in emergencies — immunity from liability, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
• Effective - 28 Aug 2014, 3 histories
392.415. Call location information to be provided in emergencies — immunity from liability, when. —
1. Upon request, a telecommunications carrier or commercial mobile service provider as identified in 47 U.S.C. Section 332(d)(1) and 47 CFR Parts 22 or 24 shall provide call location information concerning the user of a telecommunications service or a wireless communications service, in an emergency situation, to a law enforcement official or agency in order to respond to a call for emergency service by a subscriber, customer, or user of such service, or to provide caller location information (or do a ping locate) in an emergency situation that involves danger of death or serious physical injury to any person where disclosure of communications relating to the emergency is required without delay.
2. No cause of action shall lie in any court of law against any telecommunications carrier or telecommunications service or commercial mobile service provider, or other provider of communications-related service, or its officers, employees, agents, or other specified persons, for:
(1) Providing any information, facilities, or assistance to a law enforcement official or agency in response to requests made under the circumstances of subsection 1 of this section;
(2) Providing such information, facilities, or assistance through any plan or system required by sections 190.300 to 190.340; or
(3) Any loss, damage, or other injury, whether to person or property, resulting from a disruption or loss of communication services during an emergency situation, except in cases of gross negligence, recklessness, or intentional misconduct.
3. Notwithstanding any other provision of law, nothing in this section prohibits a telecommunications carrier, commercial mobile service provider, or other provider of communications-related service from establishing protocols by which such carrier or provider could voluntarily disclose call location information.
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(L. 2012 H.B. 1108, A.L. 2013 H.B. 331, A.L. 2014 S.B. 651)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.430 - Certificates to be approved, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
• Effective - 28 Aug 1987
392.430. Certificates to be approved, when. —
Except as provided in section 392.450, the commission shall approve an application for a certificate of local exchange or interexchange service authority upon a showing by the applicant, and a finding by the commission, after notice and hearing, that the grant of authority is in the public interest.
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(L. 1987 H.B. 360)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.440 - Service authority, certificate of, approved when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
• Effective - 28 Aug 1987
392.440. Service authority, certificate of, approved when. —
Any telecommunications company offering or providing the resale of either local exchange or interexchange telecommunications service must first obtain a certificate of service authority. Except as provided in section 392.450, the commission shall approve an application for a certificate for the resale of local exchange or interexchange telecommunications service upon a showing by the applicant, and a finding by the commission, after notice and hearing, that the grant of authority is in the public interest.
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(L. 1987 H.B. 360)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.450 - Requirements, approval of certificates — commission to adopt rules — modification, when — federal law not preempted.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
• Effective - 28 Aug 2008
392.450. Requirements, approval of certificates — commission to adopt rules — modification, when — federal law not preempted. —
1. The commission shall approve an application for a certificate of local exchange service authority to provide basic local telecommunications service or for the resale of basic local telecommunications service only upon a showing by the applicant, and a finding by the commission, after notice and hearing that the applicant has complied with the certification process established pursuant to section 392.455.
2. In addition, the commission shall adopt such rules, consistent with section 253(b) of the federal Telecommunications Act of 1996 to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers. Such rules, at a minimum, shall require that all applicants seeking a certificate to provide basic local telecommunications services under this section:
(1) File and maintain tariffs with the commission in the same manner and form as the commission requires of the incumbent local exchange telecommunications company with which the applicant seeks to compete; and
(2) Meet the minimum service standards as the commission requires of the incumbent local exchange telecommunications company with which the applicant seeks to compete.
3. An alternative local exchange telecommunications company which possesses a certificate of service authority to provide basic local telecommunications service as of August 28, 2008, in some but not all exchanges of the state may request the commission to modify its existing certificate to include some or all of the remaining exchanges in the state. The commission shall grant such request within thirty days of its filing as long as the alternative local exchange telecommunications company is in good standing, in all respects, with all applicable commission rules and requirements.
4. Nothing in this chapter or in chapter 386 is intended to alter the rights and obligations arising under federal law, including the interconnection and unbundling provisions of 47 U.S.C. Sections 251 and 252, irrespective of the type of technology being used by the requesting local exchange telecommunications company and whether the local exchange telecommunications company is providing telecommunications service or interconnected voice over internet protocol service, as those terms are defined in chapter 386, and the jurisdiction and authority of the commission to mediate and arbitrate disputes arising under said federal law provisions shall remain unaffected.
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(L. 1987 H.B. 360, A.L. 1996 S.B. 507, A.L. 2008 H.B. 1779)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.451 - State adopts federal exemption for certain rural telephone companies.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
• Effective - 28 Aug 2008
392.451. State adopts federal exemption for certain rural telephone companies. —
The state of Missouri hereby adopts and incorporates in total the provisions of section 251(f)(1) of the federal Telecommunications Act of 1996 providing exemption for certain rural telephone companies.
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(L. 1996 S.B. 507, A.L. 2008 H.B. 1779)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.455 - Commission to establish certification process.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
• Effective - 28 Aug 1996
392.455. Commission to establish certification process. —
Upon enactment of this section, the commission shall immediately begin a proceeding to establish a basic local telecommunications certification process. The commission may grant certificates to new entrants to provide basic local telecommunications service on a common carriage basis, subject to the provisions of sections 392.380 and 392.390. In order to preserve and advance universal service, protect the public safety and welfare, insure the continued quality of telecommunications services and safeguard the rights of consumers, such process shall include, but not be limited to:
(1) A requirement that the applicant possess sufficient technical, financial and managerial resources and abilities to provide basic local telecommunications service;
(2) A requirement that the applicant demonstrate that the services it proposes to offer satisfy the minimum standards established by the commission;
(3) A requirement that the applicant set forth the geographic area in which it proposes to offer service and demonstrate that such area follows exchange boundaries of the incumbent local exchange telecommunications company and is no smaller than an exchange;
(4) A requirement that all providers must offer basic local telecommunications service as a separate and distinct service;
(5) A requirement that the commission give due consideration to the equitable access for all Missourians, regardless of where they live or their income, to affordable telecommunications services.
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(L. 1996 S.B. 507)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.461 - Exemption from certain rules, telecommunications companies.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
• Effective - 28 Aug 2014, 3 histories
392.461. Exemption from certain rules, telecommunications companies. —
A telecommunications company may, upon written notice to the commission, elect to be exempt from certain retail rules relating to:
(1) The provision of telecommunications service to retail customers and established by the commission which include provisions already mandated by the Federal Communications Commission, including, but not limited to, federal rules regarding customer proprietary network information, verification of orders for changing telecommunications service providers (slamming), submission or inclusion of charges on customer bills (cramming); or
(2) The installation, provisioning, or termination of retail service.
­­Notwithstanding any other provision of this section, a telecommunications company shall not be exempt from any commission rule established under authority delegated to the state commission pursuant to federal statute, rule or order, including, but not limited to, universal service funds, number pooling and conservation efforts, or any authority delegated to the state commission to facilitate or enforce any interconnection obligation or other intercarrier issue, including, but not limited to, intercarrier compensation, network configuration or other such matters. Notwithstanding other provisions of this chapter or chapter 386, a telecommunications company may, upon written notice to the commission, elect to be exempt from any requirement to file or maintain with the commission any tariff or schedule of rates, rentals, charges, privileges, facilities, rules, regulations, or forms of contract, whether in whole or in part, for telecommunications services offered or provided to residential or business retail end-user customers and instead shall publish generally available retail prices for those services available to the public by posting such prices on a publicly accessible website. A telecommunications company may include in a tariff filed with the commission any, all, or none of the rates, terms, or conditions for any, all, or none of its retail telecommunications services. Nothing in this section shall affect the rights and obligations of any entity, including the commission, established pursuant to federal law, including 47 U.S.C. Sections 251 and 252, any state law, rule, regulation, or order related to wholesale rights and obligations, or any tariff or schedule that is filed with and maintained by the commission.
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(L. 2011 H.B. 338, A.L. 2013 H.B. 331, A.L. 2014 S.B. 651)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.470 - Conditions, commission may impose, when — compensation to other companies, when, commission may order.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
• Effective - 28 Aug 1987
392.470. Conditions, commission may impose, when — compensation to other companies, when, commission may order. —
1. The commission may impose any condition or conditions that it deems reasonable and necessary upon any company providing telecommunications service if such conditions are in the public interest and consistent with the provisions and purposes of this chapter, including, but not limited to, determining that any such company should provide just and reasonable compensation to one or more other certificated telecommunications companies operating in areas in which the compensating company is providing intrastate telecommunications service without commission authorization. The foregoing authority to determine compensation may be exercised by the commission for any telecommunications service that the compensating company is not authorized to provide, whether or not the provision of the telecommunications service is intentional, unintentional or incidental to any telecommunications service that the compensating company is authorized to provide. The commission may review any certificate of public convenience and necessity issued prior to September 28, 1987, and modify such certificate to impose any reasonable and necessary conditions authorized by this section.
2. An order of the commission issued under subsection 1 of this section which determines that compensation should be provided shall be enforced and subject to continuing enforcement by the circuit courts of this state, unless stayed pending review pursuant to section 386.520. The venue of such an action shall lie in any county in which the subject telecommunications company is providing unauthorized telecommunications service.
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(L. 1987 H.B. 360)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.475 - Prohibition of resale, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
• Effective - 28 Aug 1996
392.475. Prohibition of resale, when. —
Consistent with the federal Telecommunications Act of 1996, including implementing regulations, the commission shall prohibit the resale of a telecommunications service available at retail only to designated categories of subscribers to different categories of subscribers, including a prohibition on the resale of services provided to residential customers to business customers.
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(L. 1996 S.B. 507)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.480 - Services to be offered under tariff.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
• Effective - 28 Aug 2008
392.480. Services to be offered under tariff. —
Except as provided in section 392.520, all telecommunications services offered or provided by telecommunications companies shall be offered under tariff and classified as either competitive, transitionally competitive, or noncompetitive telecommunications services, subject to proper certification and other applicable provisions of this chapter. Any tariff filed with the commission shall indicate whether the telecommunications service to be offered or provided is competitive, transitionally competitive, or noncompetitive.
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(L. 1987 H.B. 360, A.L. 2008 H.B. 1779)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.500 - Changes in rates, competitive telecommunication services, procedure.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
• Effective - 28 Aug 2005
392.500. Changes in rates, competitive telecommunication services, procedure. —
Except as provided in subsections 2 to 5 of section 392.200, proposed changes in rates or charges, or any classification or tariff provision affecting rates or charges, for any competitive telecommunications service, shall be treated pursuant to this section as follows:
(1) Any proposed decrease in rates or charges, or proposed change in any classification or tariff resulting in a decrease in rates or charges, for any competitive telecommunications service shall be permitted only upon the filing of the proposed rate, charge, classification or tariff after one day's notice to the commission; and
(2) Any proposed increase in rates or charges, or proposed change in any classification or tariff resulting in an increase in rates or charges, for any competitive telecommunications service shall be permitted ten days after the filing of the proposed rate, charge, classification or tariff and upon notice to all potentially affected customers through a notice in each such customer's bill at least ten days prior to the date for implementation of such increase or change, or, where such customers are not billed, by an equivalent means of prior notice.
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(L. 1987 H.B. 360, A.L. 2005 S.B. 237)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.510 - Tariffs, bands and ranges allowed, when, requirements.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
• Effective - 28 Aug 2008
392.510. Tariffs, bands and ranges allowed, when, requirements. —
1. Telecommunications companies may file proposed tariffs for any competitive or transitionally competitive telecommunications service, which includes and specifically describes a range, or band, setting forth a maximum and minimum rate within which range a change in rates or charges for such telecommunications service could be made without prior notice or prior commission approval.
2. The commission may approve such a proposed tariff for a transitionally competitive service only if a noncompetitive or transitionally competitive telecommunications company demonstrates, and the commission finds, that any and all rates or charges within the band or range are consistent with the public interest and the provisions and purposes of this chapter. To the extent any proposed band or range encompasses rates or charges which are not consistent with the public interest and the provisions and purposes of this chapter, the commission shall have the power, upon notice and after hearing, to modify the level, scope or limits of such band or range, as necessary, to ensure that rates or charges resulting therefrom are consistent with the public interest and the provisions and purposes of this chapter.
3. The provisions of sections 392.220, 392.230, and 392.500 shall not apply to any rate increase or decrease within the band or range authorized pursuant to this section. A telecommunications company shall file written notice of the rate change and its effective date with the commission within ten days after the effective date of any increase or decrease authorized pursuant to this section.
4. Any tariffs that have been approved by the commission prior to September 28, 1987, which establish a range or band of rates within which range or band of rates a change in rates or charges for such telecommunications service could be made without prior notice or prior commission approval shall be deemed approved by the commission. The provisions of sections 392.220, 392.230, and 392.500 shall not apply to any rate increase or decrease within such band or range.
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(L. 1987 H.B. 360, A.L. 2008 H.B. 1779)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.520 - Private shared tenant services, coin operated telephone services, regulation of.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
• Effective - 28 Aug 2008
392.520. Private shared tenant services, coin operated telephone services, regulation of. —
1. The commission shall have jurisdiction over the provision of private shared tenant services and customer-owned coin telephone telecommunications services, but shall subject such services to the minimum regulation permitted by this chapter for competitive telecommunications services. The commission shall exempt the provision of private shared and customer-owned coin telephone telecommunications services from the tariff filing requirements of sections 392.220, 392.230, and 392.500 and may exempt the provision of such telecommunications services from the provisions of subdivisions (1) and (3) of section 392.390 and from the provisions of section 386.370.
2. The commission shall establish the rates or charges and terms of connection for access by such services to the local exchange network. In so doing, the commission shall consider the network integrity of the principal provider of local exchange service and the impact of private shared tenant services on the cost to provide, and rates or charges, for local exchange service. If the commission finds, upon notice and investigation, that tenants in private shared tenant services locations have no alternative access to a local exchange telecommunications company providing basic local telecommunications service, it may require the private shared tenant services provider to make alternative facilities available on reasonable terms and conditions at reasonable prices.
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(L. 1987 H.B. 360, A.L. 2008 H.B. 1779)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.530 - Construction of provisions of the chapter.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
• Effective - 28 Aug 1996
392.530. Construction of provisions of the chapter. —
Sections 392.361 to 392.520 are enacted in part to clarify and specify the law existing prior to September 28, 1987. Any specific grant of authority to the commission contained in those provisions shall not be construed as indicating or meaning that the commission did not possess such authority under the law existing prior to September 28, 1987.
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(L. 1987 H.B. 360, A.L. 1996 S.B. 507)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 392 - Telephone and Telegraph Companies › Section 392.540 - Public service commission to promulgate rules on changes of telecommunications providers.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 392
Effective - 28 Aug 1998
392.540. Public service commission to promulgate rules on changes of telecommunications providers. —
Notwithstanding any other provision of law to the contrary, the public service commission shall promulgate rules which shall be effective by January 1, 1999, for the submission or execution of changes by a telecommunications company to a subscriber's selected provider of basic interexchange or basic local telecommunications services, and requiring verification by customers to telecommunication companies for any changes in such customer's telecommunication service. Any rule promulgated shall be consistent with rules prescribed by the Federal Communications Commission pursuant to 47 U.S.C. Section 258(a).
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(L. 1998 H.B. 1506 § 1)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.010 - Corporations supplying gas, electricity or water — powers.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
Effective - 28 Aug 1943
393.010. Corporations supplying gas, electricity or water — powers. —
Any corporation formed under or subject to chapter 351 or heretofore organized under the laws of Missouri for the purpose of supplying any town, city or village with gas, electricity or water shall have full power to manufacture and sell and to furnish such quantities of gas, electricity or water as may be required by the city, town or village, district or neighborhood where located for public or private buildings or for other purposes, and such corporations shall have the power to lay conductors for conveying gas, electricity or water through the streets, alleys and squares of any city, town or village with the consent of the municipal authorities thereof under such reasonable regulations as such authorities may prescribe, and such companies are authorized to set their poles, piers, abutments, wires and other fixtures along, across or under any of the public roads, streets and waters of this state in such manner as not to incommode the public in the use of such roads, streets and waters.
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(RSMo 1939 § 5369, A.L. 1943 p. 410 § 153)
Prior revisions: 1929 § 4962; 1919 § 10172; 1909 § 3367
CROSS REFERENCES:
Corporation to register and file antitrust affidavit, 351.690
Franchise to supply gas, electricity or water within city, granted by city, when, 71.530
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.015 - Sewer company may contract with water company to terminate water services for nonpayment of sewer bill — procedure — immunity — costs, reimbursement.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
Effective - 28 Aug 2015, 3 histories
393.015. Sewer company may contract with water company to terminate water services for nonpayment of sewer bill — procedure — immunity — costs, reimbursement. —
1. Notwithstanding any other provision of law to the contrary, any sewer corporation, municipality or sewer district established under the provisions of chapter 249 or 250, or sections 204.250 to 204.470, or any sewer district created and organized pursuant to constitutional authority may contract with any water corporation, any municipality providing water, or any water districts established under chapter 247, which for purposes of this section shall collectively be designated as a water provider, to terminate water services to any customer premises for nonpayment of a sewer bill. No such termination of water service may occur until thirty days after the sewer corporation, municipality or statutory sewer district or sewer district created and organized pursuant to constitutional authority sends a written notice to the customer, except that if the water provider is performing a combined water and sewer billing service for the sewer corporation, municipality or sewer district, no additional notice or any additional waiting period shall be required other than the notice and waiting period already used by the water provider to disconnect water service for nonpayment of the water bill. Acting pursuant to a contract, the water provider shall discontinue water service until such time as the sewer charges and all related costs of termination and reestablishment of sewer and water services are paid by the customer.
2. A water provider acting pursuant to a contract with a sewer corporation, municipality or sewer district as provided in subsection 1 of this section shall not be liable for damages related to termination of water services unless such damage is caused by the negligence of such water provider, in which case the water provider shall be indemnified by the sewer corporation, municipality or sewer district. Unless otherwise specified in the contract, all costs related to the termination and reestablishment of services by the water provider shall be reimbursed by the sewer corporation, municipality, sewer district or sewer district created and organized pursuant to constitutional authority.
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(L. 1993 H.B. 453, A.L. 2005 H.B. 58, A.L. 2011 S.B. 48, A.L. 2015 S.B. 497)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.020 - Authorizing laying of underground water mains — power of eminent domain.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
Effective - 28 Aug 1943
393.020. Authorizing laying of underground water mains — power of eminent domain. —
It shall be lawful for any corporation organized for that purpose under chapter 351, or heretofore organized for that purpose under any laws of this state, or any foreign corporation for profit organized under or subject to chapter 351, to lay and construct an underground water main, or underground water mains, along the right-of-way of any public highways in this state, or across any stream in this state, for the purpose of furnishing, at wholesale only, a supply of water to any incorporated city, town or village, or cities, towns and villages, in this state; provided, that when it shall become necessary in laying and constructing such mains to make any excavations in any public highway, the company constructing such mains shall restore such highway to as good condition as same was in prior to the making of such excavations, and when necessary in laying and constructing such underground water main or mains every such corporation shall have the power of eminent domain and may condemn right-of-way for such underground water main or mains in the manner prescribed by law for the condemnation of rights-of-way of railroads; provided, that where such underground water mains are laid along any right-of-way of any railroad company or through or under the roadbed of any railroad, the laying of the same shall be according to standard and approved rules of construction, and in such manner as not to weaken or impair the same or the use thereof, but such construction shall be according to such standards as will insure the safety of such railroads and the operation of trains over the same.
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(RSMo 1939 § 5371, A.L. 1943 p. 410 § 155)
Prior revisions: 1929 § 4964; 1919 § 10174
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.025 - Sewer corporation may exercise eminent domain, how — sewer lines along or across public roads, how built and maintained — consent of municipality required, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
Effective - 28 Aug 1984
393.025. Sewer corporation may exercise eminent domain, how — sewer lines along or across public roads, how built and maintained — consent of municipality required, when. —
1. A sewer corporation shall have the power to acquire through eminent domain proceedings the lands, property and rights of any character whatsoever necessary to construct, extend, improve, alter, maintain or operate its sewer system, in the manner prescribed by law for gas corporations and electrical corporations.
2. A sewer corporation may construct and maintain its pipes along, across or under any of the public roads, streets and waters of this state, in such manner as not to incommode the public in the use of such roads, streets and waters; provided, any sewer corporation desiring to place its system in any city, town or village shall also obtain the consent from such city, town or village through the municipal authorities thereof.
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(L. 1967 p. 578, A.L. 1984 H.B. 1477)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.030 - Right to take water from nonnavigable stream and erect dam — purposes for which company may condemn land.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 02 Jan 1979, see footnote
393.030. Right to take water from nonnavigable stream and erect dam — purposes for which company may condemn land. —
1. Any corporation, company or individual proposing to supply with water any city, town or village, shall have the right to take water from any stream that is not navigable and to erect a dam thereon. Any such water corporation shall also have the right to acquire by condemnation sufficient lands to lay pipes for the conveyance of water in, over or through any lands situated beyond the source of water supply, regardless of the nature or kind of such source of supply. Any such water corporation shall also have the right to acquire by condemnation sufficient lands upon which to drill wells to provide an adequate water supply from underground sources. Any such water corporation shall also have the right to acquire by condemnation sufficient lands upon which to build, construct, install and operate facilities for the processing, pumping, storage, distribution and management of water. Any such water corporation may exercise any, some or all of the above granted powers upon complying with the proceedings herein provided for.
2. In case any such corporation, company or individual cannot agree with the owners of such water or lands sought to be obtained, or right-of-way, upon compensation to be paid, or in case the owner is incapable of contracting, be unknown, or be a nonresident of this state, such corporation, company or individual may apply to the circuit court of the county where said land or any part thereof lies, by petition, stating what is desired.
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(RSMo 1939 § 5372, A.L. 1943 p. 410 § 156, A.L. 1955 p. 579, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 4965; 1919 § 10175; 1909 § 3369
Effective 1-02-79
(1954) Water company has no power to condemn land for purpose of taking water from underneath surface under this section. State ex rel. Missouri Water Co. v. Bostian (A.), 272 S.W.2d 857.
(1955) Water company has power to condemn lands upon which to build works for pumping, storage, distribution and management of water and could obtain water from beneath surface thereof. Reversing decision of court of appeals at 272 S.W.2d 857. State ex rel. Missouri Water Co. v. Bostian, 365 Mo. 228, 290 S.W.2d 663.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.040 - Filing of petition, issuance of summons, and notice of hearing — notice by publication, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1943
393.040. Filing of petition, issuance of summons, and notice of hearing — notice by publication, when. —
1. Upon the presenting of the petition mentioned in section 393.030 to the circuit judge, he shall order the petition filed and a summons to issue, giving such owners at least ten days' notice of the time when said petition will be heard, which summons shall be served by the sheriff of the county, in the same manner as writs of summons are or may be by law required to be served.
2. If the name or residence of the owners be unknown, or if the owners, or any of them, do not reside in the state, notice of the time of hearing of the petition, reciting the substance of the petition and the day fixed for the hearing thereof, shall be given by publication for three weeks consecutively, prior to the time of hearing the petition, in a newspaper published in the county in which the proceedings are pending, if one is published in the county, or if no newspaper is published in such county, or if the publisher shall refuse to publish the same on tender of his usual charges for advertising, then posting up said notice for three consecutive weeks at the door of the courthouse of the county wherein the lands, or any portion of them, lie.
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(RSMo 1939 § 5373, A.L. 1943 p. 410 § 157)
Prior revisions: 1929 § 4966; 1919 § 10176; 1909 § 3370
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.050 - Court shall appoint three commissioners to assess damages — payment of damages.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1990
393.050. Court shall appoint three commissioners to assess damages — payment of damages. —
1. The court, or the judge thereof in vacation, on being satisfied that due notice of the pendency of the petition has been given, shall appoint three disinterested commissioners, who shall be residents of the county in which the real estate or stream of water or a part thereof is situated, to assess the damages which the owners may severally sustain by reason of such appropriation, who, after having viewed the property, shall return, under oath, such assessment of damages to the clerk of the court where such petition was filed, setting forth the amount of damages; and should more than one owner be included in the petition, then the damages allowed each shall be stated separately, together with a specific description of the property for which such damages are assessed, and the clerk shall file such report and record the same in the order book of the court; and thereupon such corporation, company or individual shall pay to the clerk the amount thus assessed, for the party in whose favor such damages have been assessed, and on making such payment, it shall be lawful for such corporation, company or individual to hold the interest in the property so appropriated for the uses prescribed in this section; and upon failure to pay the assessment, the court may, upon motion and notice by the party entitled to such damages, enforce the payment of the same by execution, unless the corporation, company or individual shall, within ten days from the time of receiving the notice of such assessment, elect to abandon the proposed appropriation of any parcel of land, by an instrument, in writing, to that effect, to be filed with the clerk, which shall be entered on the minutes of the court; and as to so much as is thus abandoned, the assessment of damages shall be void.
2. Under the provisions of this section, the commissioners or jury shall be authorized to inquire and make report as to the value of the use of any such stream, or the diversion of the waters thereof, in whole or in part, or what damage will be done by the erection and maintenance of a dam, or buildings, or the use of such stream in any manner for the purposes prescribed in this section, specifically stating to whom and upon what account damages are awarded and any person interested may appear to be made a party, and have a right to file his exceptions to such report within the time prescribed by law.
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(RSMo 1939 § 5374, A.L. 1943 p. 410 § 158, A.L. 1990 H.B. 1070)
Prior revisions: 1929 § 4967; 1919 § 10177; 1909 § 3371
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.060 - Number of owners may be joined in one petition.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1943
393.060. Number of owners may be joined in one petition. —
Any number of owners owning lands in the same county or judicial circuit may be joined in one petition, and the damages to each shall be separately assessed by the same commissioners or jury.
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(RSMo 1939 § 5375, A.L. 1943 p. 410 § 159)
Prior revisions: 1929 § 4968; 1919 § 10178; 1909 § 3372
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.070 - Clerk of court shall give notice of petitions.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1943
393.070. Clerk of court shall give notice of petitions. —
Upon the filing of such report of the commissioners, the clerk of the court where the same is filed shall duly notify the party whose property is affected of the filing thereof, and as well the corporation, company or individual; and the report of said commissioners may be reviewed by the court in which the proceedings are had, on written exceptions, filed by either party in the clerk's office within ten days after service of the notice aforesaid, and the court shall make such order therein as right and justice may require, and may order a new appraisement upon good cause shown. Such new appraisement shall, at the request of either party, be made by a jury under the supervision of the court, as in ordinary cases of inquiry of damages; but notwithstanding such exceptions, such corporation, company or individual may proceed to appropriate the property so condemned and use it for any or all of the purposes aforesaid, and any subsequent proceedings shall only affect the amount of compensation to be allowed. In all cases arising under the provisions of sections 393.030 to 393.060, the report of the commissioners, when signed by a majority of them, shall be taken and considered as the report of all.
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(RSMo 1939 § 5376, A.L. 1943 p. 410 § 160)
Prior revisions: 1929 § 4969; 1919 § 10179; 1909 § 3373
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.080 - Cost of proceeding — how paid.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1943
393.080. Cost of proceeding — how paid. —
The cost of the proceeding to appropriate the property as aforesaid shall be paid by the corporation, company or individual seeking the appropriation, up to and including the filing and copying of the report of the commissioners, and the court, as to any cost made by any subsequent litigation, may make such order as in its discretion may be deemed just. The court shall allow the commissioners a reasonable compensation for their services, which shall be taxed as costs in the proceedings.
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(RSMo 1939 § 5377, A.L. 1943 p. 410 § 161)
Prior revisions: 1929 § 4970; 1919 § 10180; 1909 § 3374