reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 221 - Jails and Jailers › Section 221.425 - Regional jail district solely liable for its debts — income exempt from state taxes.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 221
Effective - 28 Aug 1997
221.425. Regional jail district solely liable for its debts — income exempt from state taxes. —
1. All bonds, notes and other obligations of the district are payable solely out of the contributions made by the member counties or from revenues and receipts derived from the operation of the district's facilities.
2. All obligations of the district constitute negotiable instruments.
3. Obligations of the district shall not be deemed a debt, liability or pledge of the faith and credit of the state, of any member county, or of any other political subdivision of the state. The issuance of district obligations shall not, directly, indirectly or contingently, obligate the state, a member county or any other political subdivision to levy any form of taxation or to make any appropriation for their payment.
4. The district is declared to be performing a public function on behalf of the member counties and to be a public instrumentality of such counties. Accordingly:
(1) The income of the district and all properties owned by the district are exempt from all taxation in the state of Missouri;
(2) For the purposes of section 409.402, obligations of the district are deemed to be securities issued by a public instrumentality or political subdivision of the state of Missouri; and
(3) Interest on obligations of the district is exempt from income taxation by the state of Missouri.
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(L. 1997 S.B. 89 merged with S.B. 218)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 221 - Jails and Jailers › Section 221.430 - District income, distribution upon dissolution.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 221
Effective - 28 Aug 1997
221.430. District income, distribution upon dissolution. —
No income of the district shall inure to the benefit of any private person. Upon dissolution of the district, all the district's assets shall be distributed among the member counties.
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(L. 1997 S.B. 89 merged with S.B. 218)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 221 - Jails and Jailers › Section 221.500 - Construction bids for a minimum security facility — commissioner of administration to contract with.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 221
Effective - 14 Jul 1997, see footnote
221.500. Construction bids for a minimum security facility — commissioner of administration to contract with. —
1. The commissioner of administration is authorized to enter into a contract with a developer for the design and construction of a minimum security correctional facility in any city located within at least four counties.
2. The commissioner shall advertise for proposers in accordance with the requirements of section 8.250. The commissioner shall select the five most qualified design and construction teams and ask each of the five to submit a schematic design proposal for the facility along with a detailed construction bid. The commissioner shall select the proposer who provides the lowest and best proposal based on the preestablished criteria.
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(L. 1997 H.B. 823 § 1)
Effective 7-14-97
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 221 - Jails and Jailers › Section 221.503 - MULES to be notified of escape of a dangerous felon from certain jails and detention facilities, when, information to be included.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 221
Effective - 28 Aug 2011
221.503. MULES to be notified of escape of a dangerous felon from certain jails and detention facilities, when, information to be included. —
1. As soon as reasonably possible, but in no case more than five hours after a person who has been convicted of murder in the first degree or a dangerous felony as defined in section 556.061 or who is being held on suspicion of having committed murder in the first degree or a dangerous felony as defined in section 556.061 has escaped from a municipal detention facility, county jail, regional jail, or private jail, the chief law enforcement official responsible for such jail or detention facility or the chief administrator in the case of a private jail shall cause notification of the escape to be made to the Missouri uniform law enforcement system (MULES).
2. The notification required by this section may include the name of the escaped individual, any facts relevant to identifying the escaped individual, including but not limited to a physical description, a photograph or video of such individual, a description of any mode of transportation such individual is believed to be using, and a description of any person believed to be assisting such person in the escape, if any. The notification shall also include the crimes for which the person was incarcerated in the jail or detention facility and contact information for the jail or detention facility which can be used by any person to report any information concerning the whereabouts of the escaped person.
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(L. 2011 H.B. 38)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 221 - Jails and Jailers › Section 221.510 - Pending outstanding warrants in MULES and NCIC systems, inquiry conducted, when (Jake's Law).

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 221
• Effective - 28 Aug 2009, 2 histories
221.510. Pending outstanding warrants in MULES and NCIC systems, inquiry conducted, when (Jake's Law). —
1. Every chief law enforcement official, sheriff, jailer, administrator of a private jail, department of corrections official and regional jail district official shall conduct an inquiry of pending outstanding warrants for misdemeanors and felonies through the Missouri Uniform Law Enforcement System (MULES) and the National Crime Information Center (NCIC) System on all prisoners about to be released, whether convicted of a crime or being held on suspicion of charges.
2. No prisoner, whether convicted of a crime or being held on suspicion of any charge, shall be released or transferred from a correctional facility or jail to any other facility prior to having a local, state or federal warrant check conducted by a law enforcement official, sheriff, authorized member of a correctional facility or jail, or administrator of a private jail.
3. If any prisoner warrant check indicates outstanding charges or outstanding warrants from another jurisdiction, it shall be the duty of the official conducting the warrant check to inform the agency that issued the warrant that the correctional facility or jail has such prisoner in custody. That prisoner shall not be released except to the custody of the jurisdictional authority that had issued the warrant, unless the warrant has been satisfied or dismissed, or unless the warrant issuing agency has notified the correctional facility or jail holding the prisoner that the agency does not wish the prisoner to be transferred or the warrant to be pursued.
4. If any person has actual knowledge that a violation of this section is occurring or has occurred, such person may report the information to the attorney general of the state of Missouri, who may appoint a sheriff of another county to investigate the report.
5. If a law enforcement official, sheriff, authorized member of the correctional facility or jail, or administrator of a private jail purposely fails to perform a warrant check with the intent to release a prisoner with outstanding warrants and which results in the release of a prisoner with outstanding warrants, that individual shall be guilty of a class A misdemeanor.
6. A law enforcement official, sheriff, authorized member of the correctional facility or jail, or administrator of a private jail shall not be deemed to have purposely failed to perform a warrant check with the intent to release a prisoner in violation of this section, if he or she is unable to complete the warrant check because the MULES or NCIC computer systems were not accessible.
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(L. 2001 H.B. 144 & 46, A.L. 2009 S.B. 44)
2023 Missouri Revised Statutes › Title XIII - Correctional and Penal Institutions › Chapter 221 - Jails and Jailers › Section 221.515 - Jailers authorized to serve arrest warrants on inmates — jailers may carry firearms, when — escaped prisoners, power of jailer to arrest.

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS
Chapter 221
Effective - 28 Aug 2008, 2 histories
221.515. Jailers authorized to serve arrest warrants on inmates — jailers may carry firearms, when — escaped prisoners, power of jailer to arrest. —
1. Any person designated a jailer under the provisions of this chapter shall have the power to serve civil process and arrest warrants on any person who surrenders himself or herself to the facility under an arrest warrant or is already an inmate in the custody of the facility in or at which such jailer is employed.
2. Under the rules and regulations of the sheriff, employees designated as jailers may carry firearms when necessary for the proper discharge of their duties as jailers in this state under the provisions of this chapter.
3. Such persons authorized to act by the sheriff as jailers under the rules and regulations of the sheriff shall have the same power as granted any other law enforcement officers in this state to arrest escaped prisoners and apprehend all persons who may be aiding and abetting such escape while in the custody of the sheriff in accordance with state law.
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(L. 2006 H.B. 1204 merged with S.B. 785, A.L. 2008 H.B. 1550)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.003 - Public rest areas, department of transportation not to contract for the operation of truck stops, fueling stations, convenience stores or restaurants.

Title XIV ROADS AND WATERWAYS
Chapter 226
Effective - 28 Aug 2001
226.003. Public rest areas, department of transportation not to contract for the operation of truck stops, fueling stations, convenience stores or restaurants. —
Notwithstanding any other provision of law or rule to the contrary, the department of transportation is hereby prohibited from contracting with private entities or vendors to operate truck stops, fueling stations, convenience stores or restaurants on or near interstate public rest areas. The department shall examine and research the Vermont and Utah state programs, which have phased out interstate public rest areas and instead have implemented a public/private partnership with designated interstate rest exits. Nothing in this section shall prohibit the department from maintaining existing interstate public rest areas or constructing new interstate public rest areas consistent with this section.
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(L. 2001 S.B. 244)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.005 - State department of transportation created — authority of commission — compensation of employees.

Title XIV ROADS AND WATERWAYS
Chapter 226
Effective - 28 Aug 1998
226.005. State department of transportation created — authority of commission — compensation of employees. —
1. The department of highways and transportation shall hereafter be known as the "Department of Transportation". The department shall be in charge of a state highways and transportation commission as provided by the constitution and statutes.
2. The director shall receive an annual salary of not less than that provided for in section 105.950. The salaries of the chief engineer, chief financial officer, chief counsel, assistant chief engineer, the secretary of the commission, and of the division chiefs, department heads, engineers, clerks and other employees of the department shall be fixed by the commission.
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(L. 1973 1st Ex. Sess. S.B. 1 § 7, A.L. 1977 H.B. 841 § 7, A.L. 1996 H.B. 991, A.L. 1998 H.B. 1681 & 1342 merged with S.B. 883)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.007 - Transfer of agencies.

Title XIV ROADS AND WATERWAYS
Chapter 226
Effective - 28 Aug 1995
226.007. Transfer of agencies. —
1. The Missouri-St. Louis Metropolitan Airport Authority, chapter 305, the Bi-State Development Agency of the Missouri-Illinois Metropolitan District, as authorized by section 70.370, the Kansas City Area Transportation Authority District, as authorized by chapter 238, are assigned to the department of transportation.
2. All the powers, duties and functions vested in the aviation section, commerce and industrial development division, chapter 305, and others, are transferred by type I transfer to the transportation department.
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(L. 1973 1st Ex. Sess. S.B. 1 § 14, A.L. 1995 H.B. 574)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.010 - Definitions.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 1949
226.010. Definitions. —
Whenever in sections 226.010 to 226.190, or any proceeding thereunder, the following words or terms are used, they shall be deemed and taken to have the meaning ascribed to them as follows:
(1)
"Civil subdivision"
, a county, township, road district or other political subdivision of the state or quasi public corporation having legal jurisdiction of the construction and maintenance of public roads;
(2)
"Commission"
, the state highways and transportation commission created under the provisions of sections 226.010 to 226.190;
(3)
"Commissioner"
, one of the members of the commission;
(4)
"Engineer"
, the chief engineer of the highways and transportation commission;
(5)
"Hard-surfaced road"
, a highway surfaced with concrete, comparable types, macadam, properly bound gravel, or the equivalent of properly bound gravel, to be approved by the commission and meeting the federal requirements;
(6)
"Municipality"
includes a city, town or village;
(7)
"State highway"
, a highway constructed or maintained at the cost of the state, or constructed with the aid of state funds or the United States government funds, or any highway included by authority of law in the state highway system.
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(RSMo 1939 § 8741, A. 1949 S.B. 1073)
Prior revision: 1929 § 8093
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.020 - State highways and transportation commission created.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 1939
226.020. State highways and transportation commission created. —
There is hereby created a "State Highways and Transportation Commission", which shall be vested with the powers and duties specified in chapters 226 and 227 and also all powers necessary or proper to enable the commission, or any of its officers or employees, to carry out fully and effectively all of the purposes of chapters 226 and 227.
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(RSMo 1939 § 8742)
Prior revision: 1929 § 8094
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.033 - Prohibited acts by certain commissioners.

There are multiple enactments of 226.033
Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 2010, 2 histories
*226.033. Prohibited acts by certain commissioners. —
Any commissioner appointed or reappointed after March 1, 2004, shall not:
(1) Host or manage a political fund-raiser or solicit funds for any candidate who is seeking a statewide or nationally elected office;
(2) Serve on the board or chair any political action committee, or political party committee.
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(L. 2003 H.B. 668, A.L. 2010 S.B. 844)
*Revisor's Note: S.B. 844 in 2010 amended this section. S.B. 844 was declared unconstitutional (see annotation below). The other printed version of this section (the 2003 language from H.B. 668, effective 8/28/2003), reprinted in accordance with Section 3.066, is the current version.
(2012) Senate Bill 844 provision declared unconstitutional as a violation of the original purpose requirement of Art. III, Sec. 21, Constitution of Missouri. Legends Bank v. State, 361 S.W.3d 383 (Mo. banc).
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.033 - Prohibited acts by certain commissioners.

There are multiple enactments of 226.033
Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 2003, 2 histories
*226.033. Prohibited acts by certain commissioners. —
Any commissioner appointed or reappointed after March 1, 2004, shall not:
(1) Host or manage a political fund-raiser or solicit funds for any candidate who is seeking a statewide or nationally elected office;
(2) Serve on the board or chair any political action committee, political party committee, or continuing committee.
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(L. 2003 H.B. 668)
*Revisor's Note: S.B. 844 in 2010 amended this section. S.B. 844 was declared unconstitutional (see Legends Bank v. State, 361 S.W.3d 383 (Mo. banc)). This version of this section (the 2003 language from H.B. 668, effective 8/28/2003), reprinted in accordance with Section 3.066, is the current version.
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.040 - State highways and transportation commission to appoint director of department of transportation, qualifications, duties — chief engineer, qualifications, duties — assistants and other employees.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 1998
226.040. State highways and transportation commission to appoint director of department of transportation, qualifications, duties — chief engineer, qualifications, duties — assistants and other employees. —
1. The state highways and transportation commission shall appoint a chief executive officer with the title of director of the Missouri department of transportation. The director shall serve at the pleasure of the commission. The director shall be a citizen and a resident of this state, shall have had executive management experience for at least five years, and may be a registered professional engineer. The director's duties shall include appointment of a chief engineer, a chief financial officer and other department heads, engineers and other employees as the commission may designate and deem necessary. Under the direction of the commission, the director shall have general charge of, and be responsible for, the overall operations and performance of the department. The director shall provide quarterly to the commission at its regularly scheduled meetings a current unaudited written version of the report required in subsection 2 of section 21.795 with changes from the most recent audited report clearly marked. Such report shall be made available to the public.
2. The chief engineer shall be a registered professional engineer responsible for preparation and approval of all engineering documents, plans and specifications and shall have general oversight of construction and maintenance work for the department as determined by the director.
3. Engineers of the department responsible for supervising the activities of road and bridge design, construction, maintenance and materials inspection and analysis shall be registered professional engineers in this state.
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(RSMo 1939 § 8744, A.L. 1951 p. 800, A.L. 1998 H.B. 1681 & 1342 merged with S.B. 883)
Prior revision: 1929 § 8096
CROSS REFERENCES:
Chief engineer may grant special permits for overweight vehicles, 304.200
Housemovers, special permit, duties of chief engineer, 324.715
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.050 - Secretary to be appointed — duties and powers.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 1951
226.050. Secretary to be appointed — duties and powers. —
The state highways and transportation commission shall appoint a secretary who shall serve at its pleasure. The secretary shall keep complete and accurate records of all the proceedings of the commission, shall be the custodian of all books, maps, documents and papers filed with the commission and all orders made by the commission. Under the direction of the commission, the secretary shall have such authority and perform such duties as the commission may require. The secretary may designate one of the clerks in his office to perform the duties of the secretary during his absence, and during such time the clerk so designated shall, while at the office of the commission, possess the powers of the secretary.
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(RSMo 1939 § 8745, A.L. 1951 p. 800)
Prior revision: 1929 § 8097
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.060 - Authorized to select chief legal counsel — salary and qualifications — assistant attorneys, how appointed.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 2004
226.060. Authorized to select chief legal counsel — salary and qualifications — assistant attorneys, how appointed. —
1. The director of the Missouri department of transportation, with the consent of the highways and transportation commission, shall select and fix the salary of a chief counsel who shall possess the same qualifications as judges of the supreme court and who shall serve at the pleasure of the director and shall appear for and represent the commission in all actions and proceedings under chapters 226 and 227, or any other law administered by the commission, or in any decision, order or proceeding of the commission, or of the director and shall commence, prosecute or defend all actions or proceedings authorized or requested by the commission or to which the commission is a party and shall advise the commission or the director, when requested, in all matters in connection with the organization, powers and duties of the commission or the powers and duties of the director.
2. The chief counsel shall, with the consent of the director, appoint such assistant attorneys as the director may deem necessary and their salaries shall be fixed by the director. The chief counsel's office shall be furnished offices in the department of transportation building.
3. Nothing in this subsection shall be construed to conflict with the duties of the chief counsel as established in subsection 1 of this section. The chief counsel, or assistant attorneys designated by the chief counsel, shall render legal opinions and advise the commission and director on any matter required by the commission or the director. The commission, or an individual commissioner or commissioners, may request legal opinions or advice from the chief counsel pursuant to subsection 1 of this section and the chief counsel or an assistant attorney designated by the chief counsel shall provide such opinion or advice directly to the commission or individual commissioners making the request.
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(RSMo 1939 § 8746, A.L. 1951 p. 800, A.L. 1999 S.B. 268, A.L. 2004 S.B. 1233, et al.)
Prior revision: 1929 § 8098
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.070 - Attorney general shall advise commission, when.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 1939
226.070. Attorney general shall advise commission, when. —
When directed by the governor, or requested in writing by the commission, the attorney general shall advise the commission and shall assist the legal adviser of the commission in any proceeding in any of the courts of the state in which the commission is a party.
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(RSMo 1939 § 8747)
Prior revision: 1929 § 8099
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.080 - Salaries, how fixed — veterans' preference authorized.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 01 Jan 1978, see footnote
226.080. Salaries, how fixed — veterans' preference authorized. —
The salaries of the department heads, engineers, clerks and other employees shall be fixed by the commission, except that the compensation of clerical or other nontechnical employees of the department shall not exceed that of those in similar employment in other departments of the state. Preference shall be given, other conditions being equal, to employment of honorably discharged members of the armed services, but any other preference or discrimination in connection with employment is declared to be unlawful.
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(RSMo 1939 § 8748, A.L. 1951 p. 800, A.L. 1955 p. 764, A.L. 1959 H.B. 134, A.L. 1963 p. 392, A.L. 1967 p. 315, A.L. 1969 H.B. 457, A.L. 1977 H.B. 841)
Prior revision: 1929 § 8100
Effective 1-1-78
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.090 - Commissioners and employees — oath — bond — selection and removal of employees to be without regard to political affiliation.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 1951
226.090. Commissioners and employees — oath — bond — selection and removal of employees to be without regard to political affiliation. —
All members of the commission, and every other person appointed to office, or employed by the commission, shall, before entering upon the duties of his office or employment, take and subscribe to an oath or affirmation to support the Constitution of the United States and of this state, and to faithfully and honestly discharge the duties of such office or employment. No member of the commission, engineer, or other person appointed or employed by the commission shall, directly or indirectly, have any pecuniary interest in, or act as agent for, the sale of road or bridge building material, equipment, tools, machinery or supplies, or in any contract for the construction or maintenance of state highways or bridges, or the financing thereof, or in any performance bond or workers' compensation or any other insurance furnished to the commission, or insurance furnished to any person, firm or corporation contracting with the commission. Any officer or employee of the commission who has custody or control of property or funds of the state, shall give a good and sufficient bond, in an amount and with sureties satisfactory to the commission, conditioned upon the faithful discharge of the duties of his office and upon the accounting for all property and funds coming into his hands by, through or from such office. Any officer or employee who shall violate the provisions of this section shall be guilty of a misdemeanor. The commission shall have power to remove any officer or employee of the commission. The selection and removal of all employees of the highways and transportation commission, of the transportation department, or of the department of transportation, shall be without regard to political affiliations.
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(RSMo 1939 § 8749, A.L. 1945 p. 1408, A.L. 1951 p. 800)
Prior revision: 1929 § 8101
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.092 - Commission may provide automobile liability insurance, when — self-insured and partial self-insured plans, when.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 2004
226.092. Commission may provide automobile liability insurance, when — self-insured and partial self-insured plans, when. —
The state highways and transportation commission is authorized, when considered by it to be in the public interest, to provide liability insurance covering the operation of all motor vehicles and equipment, including airplanes and boats, owned, leased, rented, or operated pursuant to commission authorization and used in the performance of official commission or department business. The commission is authorized to provide such insurance coverage for all authorized operators, as determined by the commission, and the commission's liability by a plan of self-insurance operated in accordance with commercial insurance industry standards for fleet vehicle coverage or by a plan partially self-insured and partially insured by a contract of insurance with an insurance company or by a plan fully insured by a contract of insurance with an insurance company as the commission deems to be in the public interest. If the commission provides for a plan of self-insurance or partial self-insurance, it shall annually determine the amount of contribution to the plan required to pay all accrued and anticipated claims and the cost of administering the plan and shall include such amount in its budget request for contribution to the commission's self-insurance plan. The commission may contract for the services of such actuaries, consultants, and claims administrators as it deems necessary for the effective administration of a self-insurance plan and is authorized to contract for excess insurance coverage with an insurance company authorized to write such coverage in this state. The immunity in tort actions of the state and the commission shall not be in any way affected by this section.
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(L. 1971 H.B. 60 § 1, A.L. 1986 S.B. 524, A.L. 2004 H.B. 1285 merged with S.B. 1233, et al.)
(1977) Statutes which contain disclaimer provisions that they shall not be construed as a waiver of sovereign immunity show desirability of providing relief rather than legislative expression favoring retention of sovereign immunity. Jones v. State Highway Commission (Mo.), 577 S.W.2d 225.
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.095 - Arbitration for negligence actions, when.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 1999
226.095. Arbitration for negligence actions, when. —
Upon request of the plaintiff in a negligence action against the department of transportation as defendant, the case shall be arbitrated by a panel of three arbiters pursuant to the provisions of chapter 435.
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(L. 1999 S.B. 295 & 46 § 2)
(2001) Section requiring Highways and Transportation Commission to submit to arbitration when plaintiff with negligence claim against Commission requests arbitration is constitutional. Murray v. Missouri Highways and Transportation Commission, 37 S.W.3d 228 (Mo.banc).
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.096 - Certain controversies or claims to be settled by arbitration — rulemaking authority.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 2003
226.096. Certain controversies or claims to be settled by arbitration — rulemaking authority. —
1. This section shall govern any controversy or claim to which the Missouri department of transportation is a party that arises out of or relates to a contract awarded pursuant to subdivision (9) of subsection 1 of section 226.130, and the claim exceeds twenty-five thousand dollars, but is less than three hundred twenty-seven thousand dollars as adjusted on an annual basis effective January first of each year in accordance with the Implicit Price Deflator for Personal Consumption Expenditures as calculated pursuant to subsection 5 of section 537.610. Provided a claim has been filed pursuant to the procedures set forth in the Missouri standard specifications for highway construction, or its successor, upon issuance of a final decision as provided in such standards or upon expiration of ninety days from the date the claim was filed, the controversy or claim shall upon written demand by any party to the contract be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules, except as provided herein. The highways and transportation commission shall promulgate rules pursuant to chapter 536, to become effective on or before July 1, 2004, establishing a method for appointment of arbitrators and allowing for the mediation of claims upon agreement of both parties. Judgment upon awards rendered under arbitration shall be entered in the circuit court of Cole County, Missouri.
2. Any contract specification, special provision, contract clause, or rule pertaining to contracts governed by this section, which purports to waive, release or extinguish the rights of a contractor to file a claim, or which purports to bind any court of competent jurisdiction or alternate dispute resolution process to any determinations of fact rendered by the Missouri department of transportation or its employees and agents so as to prevent any such court or alternate dispute resolution process from fully considering the merits of any controversy or claim governed by this section, is against public policy and shall be void and unenforceable.
3. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2003, shall be invalid and void.
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(L. 2003 H.B. 668)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.100 - Principal office to be in Jefferson City — persons authorized to administer oaths.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 1999
226.100. Principal office to be in Jefferson City — persons authorized to administer oaths. —
The principal office of the commission shall be in the City of Jefferson, Missouri. The said office shall be provided and assigned by the board of public buildings which board may rent or lease offices, if it be found necessary. The commission shall have a seal bearing the inscription, "Missouri Highways and Transportation Commission", which shall be in the custody of the secretary, and shall be affixed to all official documents of the commission, or of the director, and to such other instruments as the commission shall direct. The courts of this state shall take judicial notice of said seal. The commission may sue and be sued in its official name, and for the purpose of suit and other legal proceedings, service may be had on the secretary. The commission shall be supplied with all necessary books, maps, charts, stationery, office furniture, telephone and other necessary appliances, supplies and incidentals, to be paid for in the same manner as other expenses authorized by chapters 226 and 227. Each of the members of the commission, the secretary and the director shall have power and authority to administer oaths in all parts of the state, so far as such authority is incidental to the performance of their duties.
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(RSMo 1939 § 8750, A. 1949 S.B. 1073, A.L. 1999 S.B. 268)
Prior revision: 1929 § 8102
(1974) Held that state of Missouri subjects itself to the same obligations as the federal government by accepting responsibility for administering relocation benefits and has thus consented to be sued in a controversy over relocation benefits. Also held that entry into occupation of property after initiation of negotiations for the property has begun does not bar recovery of relocation benefits. Tullock v. State Highway Commission of Missouri (CA Mo.), 507 F.2d 712.
(1987) For actions against the Missouri Highway and Transportation Commission special venue is fixed in Cole County by 1927 judicial interpretation of section 226.100 since office is established in Jefferson City and thus venue in action against Commission pursuant to this section was improper. State ex rel. Missouri Highway and Transportation Commission, 731 S.W.2d 461 (Mo. App.).
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.110 - State transportation department building the official residence of the state highways and transportation commission — maintenance and repair in charge of board of public buildings.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 1949
226.110. State transportation department building the official residence of the state highways and transportation commission — maintenance and repair in charge of board of public buildings. —
The state transportation department building shall constitute the official residence of the state highways and transportation commission. Such building shall be under the charge and control of the board of public buildings, which is directed and empowered to provide for the proper maintenance and repair of said building, and to preserve the same from waste and damage from fire and other causes. The board of public buildings may appoint and employ janitors, elevator operators and watchmen necessary for the proper use, maintenance, management and control of said building. The cost of material, labor and repair necessary for the maintenance and use of said building shall be paid by the state treasurer out of the state highway department fund, upon warrants based upon bills of particulars and vouchers certified by the board of public buildings.
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(L. 1927 p. 425 §§ 10, 12, A. 1949 S.B. 1073)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.120 - Chairman and vice chairman, election, term — quorum — monthly meeting, required.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 1976
226.120. Chairman and vice chairman, election, term — quorum — monthly meeting, required. —
The members of the commission shall elect a member as chairman and another vice chairman, each of whom shall hold such office for a term prescribed by the commission. Four members of the commission shall constitute a quorum for the transaction of business and for the exercise of any of the powers or the discharge of any of the duties authorized or imposed by law. The commission shall meet at least once each month and at such other times, and at such places within the state, as the commission shall determine. The chairman or, in the event of his inability to act, the vice chairman may call special meetings of the commission upon notice to members.
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(RSMo 1939 § 8751, A.L. 1951 p. 800, A.L. 1976 S.B. 631)
Prior revision: 1929 § 8103
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.130 - Duties and powers of commission — rulemaking, procedure.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 1995
226.130. Duties and powers of commission — rulemaking, procedure. —
1. The commission shall:
(1) Have supervision of highways and bridges which are constructed, improved and maintained in whole or in part by the aid of state moneys, and of highways constructed in whole or in part by the aid of moneys appropriated by the United States government, so far as such supervision is consistent with the acts of Congress relating thereto;
(2) Prescribe rules and regulations not inconsistent with law, fixing the duties of all persons employed by the state highways and transportation commission;
(3) Provide for aiding county highway engineers or other officials of civil subdivisions in establishing gradients and alignments, and preparing suitable systems for maintenance of highways and bridges;
(4) Cause standard plans, specifications and estimates to be prepared for the repair and improvement of highways and the construction and repair of bridges by civil subdivisions;
(5) Investigate and determine upon the various methods of road and bridge construction adapted to different sections of the state and as to the best methods of construction and maintenance of highways and bridges;
(6) Compile statistics relating to public highways throughout the state and collect such information in regard thereto as it shall deem expedient;
(7) Aid at all times in promoting highway improvement throughout the state;
(8) Prepare plans, specifications and estimates for all state highways;
(9) Let all contracts for the construction or improvement of state highways;
(10) Prescribe a system of auditing and accounting for all road and bridge moneys for the use of all highway officials, which system shall be as nearly uniform as practicable;
(11) Have power to construct, under its own direction and supervision, all roads, culverts or bridges, or any part thereof as herein provided.
2. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(RSMo 1939 § 8752, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
Prior revision: 1929 § 8104
CROSS REFERENCES:
Acquisition of land, authorized for what purposes, 227.120
Bridges over state lines, commission may join with other states to secure, 234.190
Commission may accept title and ownership of bridge, when, 234.200
Toll bridges, commission may contribute to cost, 234.230
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.132 - Department of transportation to create transportation plan for the state, information required — submission deadline.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 2000
226.132. Department of transportation to create transportation plan for the state, information required — submission deadline. —
The general assembly recognizes that nothing in section 142.345 and sections 226.133, 226.134 and 226.200 fully addresses the total transportation infrastructure needs of the state. In order for the state to exploit all of its transportation assets, the department of transportation shall create a multimodal, total transportation plan based solely upon the real needs of the state. The department of transportation shall objectively evaluate the actual multimodal needs, including aviation, highways, bridges, rail, transit and water ports, of the state based upon criteria that will enhance the state's transportation infrastructure and economic development well-being and shall submit its total transportation plan to the joint committee on transportation oversight, the president pro tem of the senate and the speaker of the house of representatives by January 2, 2001.
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(L. 2000 H.B. 1742)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.134 - Projects funded by bonds to conform with priorities of 1992 plan, exception.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 2000
226.134. Projects funded by bonds to conform with priorities of 1992 plan, exception. —
All projects funded by bonds authorized in section 226.133 shall be funded in conformity with the priorities established in the 1992 plan developed by the transportation department.
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(L. 1993 1st Ex. Sess. H.B. 2 § 5, A.L. 2000 H.B. 1742)
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.136 - Campaign contributions to state elected officials a prohibition to serving as bond investment advisors or underwriters, when.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 30 Sep 1993, see footnote
226.136. Campaign contributions to state elected officials a prohibition to serving as bond investment advisors or underwriters, when. —
On or after June 30, 1996, any person, firm, corporation or other entity doing business in the state of Missouri that has within the year of issuance and the two calendar years prior to the issuance of any bonds pursuant to sections 226.900 to 226.910 and sections 226.133 to 226.136 made campaign contributions as defined in chapter 130 in the aggregate in excess of one thousand dollars to any statewide elected official or any member of the general assembly shall not serve as financial underwriter, financial advisor, or investment advisor to any bonds issued pursuant to the authority granted in sections 226.900 to 226.910 and sections 226.133 to 226.136.
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(L. 1993 1st Ex. Sess. H.B. 2 § 6)
Effective 9-30-93
2023 Missouri Revised Statutes › Title XIV - Roads and Waterways › Chapter 226 - Department of Transportation › Section 226.140 - Audit of records, when — plan to modernize transportation system, report.

Title XIV ROADS AND WATERWAYS
Chapter 226
• Effective - 28 Aug 1998
226.140. Audit of records, when — plan to modernize transportation system, report. —
1. The governor may cause the books and accounts of the commission to be audited by the state auditor or otherwise at any time.
2. As authorized by Article IV, Section 30(c) of the Missouri Constitution, the commission shall develop a plan to modernize the state's transportation system, including but not limited to, mass transportation, aviation, railroads, ports and waterborne commerce. The commission shall make a report to the governor and the general assembly prior to January 1, 1994, and by January first of each year thereafter. The commission shall include in the report a review of its pursuit of federal funds including mass transit matching funds to ensure that Missouri is receiving all of the federal transportation assistance to which it is entitled.
3. The state auditor shall, where practicable, use but shall not be limited to the data and information developed for, and provided by, the report required pursuant to subdivision (1) of subsection 2 of section 21.795 when performing an audit authorized by section 29.210.
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(RSMo 1939 § 8762, A.L. 1951 p. 800, A.L. 1989 S.B. 186, A.L. 1993 H.B. 566, A.L. 1998 H.B. 1681 & 1342 merged with S.B. 883)
Prior revision: 1929 § 8114