reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 316 - Shows, Circuses, Amusement Buildings and Festivals › Section 316.227 - Liability of owner and state.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 316
• Effective - 28 Aug 1997
316.227. Liability of owner and state. —
Sections 316.203 to 316.233 shall not be construed to alter the duty of care or the liability of an owner of an amusement ride for injuries or death to any person or damage to any property arising out of an accident involving an amusement ride. Sections 316.203 to 316.233 shall not be construed to alter the duty of care of a passenger of an amusement ride or parent or guardian of such passenger for injuries or death to any person or damage to any property arising out of an accident involving an amusement ride. The state and its officers and employees shall not be construed to assume liability arising out of an accident involving an amusement ride by reason of administration of sections 316.203 to 316.233.
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(L. 1997 H.B. 276 § 10)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 316 - Shows, Circuses, Amusement Buildings and Festivals › Section 316.230 - Passenger to obey rules — prohibited acts — penalty.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 316
• Effective - 01 Jan 2005, see footnote
316.230. Passenger to obey rules — prohibited acts — penalty. —
1. A passenger on an amusement ride shall, at a minimum:
(1) Obey the reasonable safety rules posted in accordance with sections 316.203 to 316.233 and oral instructions for an amusement ride issued by the amusement owner or such owner's employee or agent, unless:
(a) The safety rules are contrary to sections 316.203 to 316.233; or
(b) The oral instructions are contrary to sections 316.203 to 316.233 or the safety rules; and
(2) Refrain from acting in any manner that may cause or contribute to injuring such passenger or others, including:
(a) Interfering with safe operation of the amusement ride;
(b) Not engaging any safety devices that are provided;
(c) Disconnecting or disabling a safety device except at the express instruction of the operator;
(d) Altering or enhancing the intended speed, course or direction of an amusement ride;
(e) Extending arms and legs beyond the carrier or seating area except at the express direction of the ride or attraction operator;
(f) Throwing, dropping or expelling an object from or toward an amusement ride;
(g) Getting on or off an amusement ride except at the designated time and area, if any, at the direction of the ride operator, or in an emergency; and
(h) Unreasonably controlling the speed or direction of such passenger or an amusement ride that requires the passenger to control or direct himself or herself or a device.
2. Any person who violates the provisions of this section shall be guilty of a class A misdemeanor.
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(L. 1997 H.B. 276 § 11, A.L. 2004 H.B. 1403)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 316 - Shows, Circuses, Amusement Buildings and Festivals › Section 316.233 - Passenger may not ride, when.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 316
• Effective - 01 Jan 2005, see footnote
316.233. Passenger may not ride, when. —
An amusement ride passenger shall not get on, enter, or attempt to get on an amusement ride unless the passenger reasonably determines that, at a minimum, he or she:
(1) Has sufficient knowledge to use, get on, enter, or get off the amusement ride safely without instruction or has requested and received before getting on the ride sufficient information to get on, use, enter, or get off safely;
(2) Has located, reviewed and understood any signs in the vicinity of the ride and has satisfied any posted height, medical or other restrictions and abided by all rules, regulations and restrictions;
(3) Is not under the influence of alcohol or any drug that affects his or her ability to safely use the amusement ride or obey the posted rules or oral instructions; and
(4) Is authorized by the amusement owner or such owner's authorized servant, agent or employee to get on the amusement ride.
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(L. 1997 H.B. 276 § 12, A.L. 2004 H.B. 1403)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 316 - Shows, Circuses, Amusement Buildings and Festivals › Section 316.237 - Rules, effective, when — invalid and void, when.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 316
• Effective - 28 Aug 1997
316.237. Rules, effective, when — invalid and void, when. —
Any rule or portion of a rule promulgated pursuant to sections 316.200 to 316.237 shall become effective only as provided pursuant to chapter 536 including but not limited to section 536.028, if applicable, after August 28, 1997. All rulemaking authority delegated prior to August 28, 1997, is of no force and effect and repealed. The provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028, if applicable, to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void.
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(L. 1997 H.B. 276 § 14)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 316 - Shows, Circuses, Amusement Buildings and Festivals › Section 316.238 - Rock climbing walls, subject to amusement ride regulations, when.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 316
• Effective - 01 Jan 2005, see footnote
316.238. Rock climbing walls, subject to amusement ride regulations, when. —
All rock climbing walls over ten feet tall operated in this state, except as provided in paragraphs (d) and (e) of subdivision (1) of section 316.203, shall be subject to the same rules and regulations as amusement rides pursuant to sections 316.200 to 316.238.
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(L. 2004 H.B. 1403)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 316 - Shows, Circuses, Amusement Buildings and Festivals › Section 316.265 - Hairstyling, employees engaged in at public venues not subject to Chapter 329, when.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 316
Effective - 28 Aug 2014
316.265. Hairstyling, employees engaged in at public venues not subject to Chapter 329, when. —
No employee or employer primarily engaged in the practice of combing, braiding, or curling hair without the use of potentially harmful chemicals shall be subject to the provisions of chapter 329 while working in conjunction with any licensee for any public amusement or entertainment venue as defined in this chapter.
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(L. 2014 S.B. 808)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 317 - Boxing and Wrestling › Section 317.011 - Athletic fund, source of funds — director only to license certain contests, exceptions — law not applicable to certain amateur matches.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 317
• Effective - 28 Aug 2018, 3 histories
317.011. Athletic fund, source of funds — director only to license certain contests, exceptions — law not applicable to certain amateur matches. —
1. The division shall have the power, and it shall be its duty, to accept application for and issue permits to hold professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, or amateur mixed martial arts contests in the state of Missouri, and to charge a fee for the issuance of same in an amount established by rule; such funds to be paid to the division which shall pay such funds into the Missouri state treasury to be set apart into the athletic fund.
2. The provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the fund for the preceding fiscal year or, if the division requires by rule renewal of the permits less frequently than yearly then three times the appropriation from the fund for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the fund for the preceding fiscal year.
3. The division shall not grant any permit to hold professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, or amateur mixed martial arts contests in the state of Missouri except:
(1) Where such professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, or amateur mixed martial arts contest is to be held under the auspices of a promoter duly licensed by the division; and
(2) Where a fee has been paid for such permit, in an amount established by rule.
4. In such contests a decision shall be rendered by three judges licensed by the division.
5. Specifically exempted from the provisions of this chapter are contests or exhibitions for amateur boxing and amateur wrestling. However, all amateur boxing and amateur wrestling must be sanctioned by a nationally recognized amateur sanctioning body approved by the office.
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(L. 1983 H.B. 635 § 3, A.L. 1985 S.B. 99, A.L. 1996 S.B. 524, A.L. 2004 S.B. 1122, A.L. 2007 H.B. 780 merged with S.B. 308, A.L. 2018 H.B. 1388)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 317 - Boxing and Wrestling › Section 317.012 - Licenses not issued for "ultimate fighting", definition.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 317
• Effective - 28 Aug 1996
317.012. Licenses not issued for "ultimate fighting", definition. —
No license or permit will be issued for any contests known as "ultimate fighting" or any activities similar in nature. For purposes of this chapter,
"ultimate fighting"
shall mean a contest or bout whereby any part of the contestant's body may be used as a weapon or any means of fighting may be used with the specific purpose to intentionally injure the other contestants in such a manner that they may not defend themselves and in which there is no referee. No person, partnership, organization, corporation, limited liability company or association shall conduct, compete or otherwise participate in any contest or bout as defined in this section.
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(L. 1996 S.B. 524)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 317 - Boxing and Wrestling › Section 317.013 - Mandatory medical suspensions, determination — medically retired persons.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 317
• Effective - 28 Aug 2018, 3 histories
317.013. Mandatory medical suspensions, determination — medically retired persons. —
1. In order to protect the health and welfare of the contestants, there shall be a mandatory medical suspension of any contestant, not to exceed one hundred eighty days, who loses consciousness or who has been injured as a result of blows received to the head or body during a professional boxing, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, or amateur mixed martial arts contest. The determination of consciousness is to be made only by a physician licensed by the board of healing arts and the division. Medical suspensions issued in accordance with this section shall not be reviewable by any tribunal.
2. No license shall be issued to any person who has been injured in such a manner that they may not continue to participate in boxing, wrestling, professional kickboxing, amateur kickboxing, full-contact karate, professional mixed martial arts, or amateur mixed martial arts contests in the future. Such a person shall be deemed medically retired. No person with a status of medically retired shall compete in any events governed by this chapter. Medical retirements issued in accordance with this section shall not be reviewable by any tribunal.
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(L. 1996 S.B. 524, A.L. 2007 H.B. 780 merged with S.B. 308, A.L. 2018 H.B. 1388)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 317 - Boxing and Wrestling › Section 317.014 - Injunction, who may apply, when — activities subject to injunction — action brought, where — action in addition to penalty.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 317
• Effective - 28 Aug 2018, 2 histories
317.014. Injunction, who may apply, when — activities subject to injunction — action brought, where — action in addition to penalty. —
1. Upon proper application by the director, or the director of the office, a court of competent jurisdiction may grant an injunction, restraining order or any other order as may be appropriate to enjoin a person, partnership, organization, corporation, limited liability company or association from:
(1) Promoting or offering to promote any professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, or amateur mixed martial arts contests that are not approved by the Missouri office of athletics;
(2) Advertising or offering to advertise any professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, or amateur mixed martial arts contests that are not approved by the Missouri office of athletics;
(3) Conducting or offering to conduct any professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, or amateur mixed martial arts contests that are not approved by the Missouri office of athletics; or
(4) Competing or offering to compete in any professional boxing, sparring, professional wrestling, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, or amateur mixed martial arts contests that are not approved by the Missouri office of athletics.
2. Any such actions shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides.
3. Any action brought under this section shall be in addition to, and not in lieu of, any penalty provided by law and may be brought concurrently with other actions to enforce this chapter.
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(L. 1996 S.B. 524, A.L. 2018 H.B. 1388)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 317 - Boxing and Wrestling › Section 317.016 - Director to appoint necessary administrative personnel — compensation and expenses of, how set.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 317
• Effective - 28 Aug 1983
317.016. Director to appoint necessary administrative personnel — compensation and expenses of, how set. —
The division of professional registration shall appoint an administrator, inspectors and such other appointees and clerical assistants as the director shall deem necessary to administer the provisions of sections 317.001 to 317.021. The compensation of the administrator, inspectors, and other necessary employees shall be within the limits of the amount appropriated by the general assembly. In addition, the administrator, inspectors, and other employees may be reimbursed for all actual and necessary expenses incurred in the administration of the provisions of sections 317.001 to 317.021.
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(L. 1983 H.B. 635 § 5)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 317 - Boxing and Wrestling › Section 317.017 - Participants, required minimum age — surety bond requirements — elbow and knee strikes to head prohibited, when.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 317
• Effective - 28 Aug 2018
317.017. Participants, required minimum age — surety bond requirements — elbow and knee strikes to head prohibited, when. —
1. In any professional or amateur event the division regulates, other than amateur kickboxing, no person shall be allowed to participate if such person is not eighteen years of age or older on or before the day the individual is scheduled to participate in the event.
2. Before the office issues a promoter's license, the promoter shall provide the office a surety bond in the amount of twenty-five thousand dollars or an irrevocable letter of credit in the amount of at least twenty-five thousand dollars from a lending institution approved to do business in the United States to guarantee payment of all state athletic taxes and fees to the state. The surety bond or irrevocable letter of credit shall cover all license fees and taxes due to the office as well as all expenses of the contestants and officials in the event of default by the promoter. The irrevocable letter of credit shall be released only upon written approval by the office. An additional bond or irrevocable letter of credit may be required in the amount specified by the office if it may be reasonably expected that the twenty-five thousand dollar bond or irrevocable letter of credit will not provide sufficient protection to the state. It shall be the duty of each promoter to maintain all required bonds on a current status.
3. There shall be a prohibition of all elbow strikes to the head of an opponent during an amateur mixed martial arts bout.
4. For the first five sanctioned amateur bouts, there shall be a prohibition of knee strikes to the head of an opponent during an amateur mixed martial arts contest. However, after the fifth sanctioned bout for both contestants, both contestants may mutually agree to allow knee strikes during a bout.
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(L. 2018 H.B. 1388)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 317 - Boxing and Wrestling › Section 317.018 - Combative fighting prohibited — promotion or participation in combative fighting, felony — medical personnel — exceptions.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 317
• Effective - 01 Jan 2017, 3 histories, see footnote
317.018. Combative fighting prohibited — promotion or participation in combative fighting, felony — medical personnel — exceptions. —
1. Combative fighting is prohibited in the state of Missouri.
2. Anyone who promotes or participates in combative fighting, or anyone who serves as an agent, principal partner, publicist, vendor, producer, referee, or contractor of or for combative fighting is guilty of a class E felony.
3. Any medical personnel who administers to, treats or assists any participants of combative fighting shall not be subject to the provisions of this section.
4. Nothing in section 317.001 or this section is intended to regulate, or interfere with or make illegal, traditional, sanctioned amateur or scholastic boxing, amateur or scholastic wrestling, amateur or scholastic kickboxing, or amateur or scholastic full-contact karate or amateur or scholastic mixed martial arts.
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(L. 1996 S.B. 524, A.L. 2007 H.B. 780 merged with S.B. 308, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 317 - Boxing and Wrestling › Section 317.019 - Bout contracts required, when — contents, changes — payment of event official's fees.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 317
• Effective - 28 Aug 2018, 2 histories
317.019. Bout contracts required, when — contents, changes — payment of event official's fees. —
1. The promoter of a professional boxing, professional kickboxing, amateur kickboxing, professional full-contact karate, professional mixed martial arts, and amateur mixed martial arts contest shall sign written bout contracts with each professional or amateur contestant. Original bout contracts shall be filed with the division prior to the event as required by the rules of the office. The bout contract shall be on a form supplied by the division and contain at least the following:
(1) The weight required of the contestant at weigh-in;
(2) The amount of the purse to be paid for the contest, except amateur kickboxing and amateur mixed martial arts contests;
(3) The date and location of the contest;
(4) The glove size allotted for each contestant;
(5) Any other payment or consideration provided to the contestant, except amateur kickboxing and amateur mixed martial arts contests;
(6) List of all fees, charges, and expenses including training expenses that will be assessed to the contestant or deducted from the contestant's purse, except amateur kickboxing and amateur mixed martial arts contests;
(7) Any advances paid to the contestant before the bout, except amateur kickboxing and amateur mixed martial arts contests;
(8) The amount of any compensation or consideration that a promoter has contracted to receive in connection with the bout or contest, except amateur kickboxing and amateur mixed martial arts contests;
(9) The signature of the promoter and contestant;
(10) The date signed by both the promoter and the contestant; and
(11) Any additional information required by the office.
2. If the bout contract between a contestant and promoter is changed, the promoter shall provide the division with the amended contract containing all contract changes at least two hours prior to the event's scheduled start time. The amended contract shall comply with all requirements for original bout contracts and shall contain the signature of the promoter and contestant.
3. A promoter of an event shall not be a manager for a contestant who is contracted for ten rounds or more at the event.
4. The promoter of an event shall provide payments for the event official's fees to the office prior to the start of the event. The form of payment shall be at the discretion of the office provided that payments remitted by check or money order shall be made payable directly to the applicable official.
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(L. 2007 H.B. 780 merged with S.B. 308, A.L. 2018 H.B. 1388)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 317 - Boxing and Wrestling › Section 317.021 - Violation of law, misdemeanor.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 317
• Effective - 28 Aug 1983
317.021. Violation of law, misdemeanor. —
Any person who violates any of the provisions of sections 317.001 to 317.021 shall be deemed guilty of a class A misdemeanor.
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(L. 1983 H.B. 635 § 6)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.010 - Short title.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1976
319.010. Short title. —
Sections 319.010 through 319.050 shall be known as the "Underground Facility Safety and Damage Prevention Act".
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(L. 1976 S.B. 583 § 1)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.022 - Notification centers, participation requirements and eligibility — names of owners and operators made available, when.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 01 Jan 2015, 4 histories, see footnote
319.022. Notification centers, participation requirements and eligibility — names of owners and operators made available, when. —
1. Any person, except a railroad regulated by the Federal Railroad Administration, who installs or otherwise owns or operates an underground facility shall become a participant in a notification center upon first acquiring or owning or operating such underground facility. All underground facility owners within the state shall maintain participation in a notification center for the duration of owning and operating such underground facility. Such notification center shall be governed by a board of directors elected by the membership and composed of representatives from the general membership group.
2. The notification center shall maintain in its offices and make available to any notification center participant or excavator upon request a current list of the names and addresses of each notification center participant, including the county or counties wherein each participant has underground facilities. The notification center may charge a reasonable fee to notification center participants or excavators requesting such list as is necessary to recover the actual costs of printing and mailing.
3. Excavators shall be informed of the availability of the list of notification center participants.
4. An annual audit or review of the notification center shall be performed by a certified public accountant and a report of the findings submitted to the speaker of the house of representatives and the president pro tem of the senate.
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(L. 1991 S.B. 214 & 264, A.L. 2001 H.B. 425, A.L. 2007 S.B. 613 Revision, A.L. 2008 H.B. 1779, A.L. 2014 H.B. 1867)
Effective 1-01-15
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.024 - Public notice of excavations, duties of owner and operator.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 01 Jan 2015, 3 histories, see footnote
319.024. Public notice of excavations, duties of owner and operator. —
1. Every person owning or operating an underground facility shall assist excavators and the general public in determining the location of underground facilities before excavation activities are begun or as may be required by subsection 6 of section 319.026 or subsection 1 of section 319.030 after an excavation has commenced. Methods of informing the public and excavators of the means of obtaining such information may, but need not, include advertising, including advertising in periodicals of general circulation or trade publications, information provided to professional or trade associations which routinely provide information to excavators or design professionals, or sponsoring meetings of excavators and design professionals for such purposes. Information provided by the notification center on behalf of persons owning or operating an underground facility shall be deemed in compliance with this section by such persons.
2. Every person owning or operating underground pipeline facilities shall, in addition to the requirements of subsection 1 of this section:
(1) Identify on a current basis persons who normally engage in excavation activities in the area in which the pipeline is located. Every such person who is a participant in a notification center shall be deemed to comply with this subdivision if such notification center maintains and updates a list of the names and addresses of all excavators who have given notice of intent to excavate to such notification center during the previous year and provided the notification center shall, not less frequently than annually, provide public notification and actual notification to all excavators on such list of the existence and purpose of the notification center, and procedures for obtaining information from the notification center;
(2) Either directly or through the notification center, notify excavators and the public in the vicinity of his or her underground pipeline facility of the availability of the notification center by including the information set out in subsection 1 of section 319.025 in notifications required by the safety rules of the Missouri public service commission relating to its damage prevention program;
(3) Notify excavators annually who give notice of their intent to excavate of the type of marking to be provided and how to identify the markings.
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(L. 1991 S.B. 214 & 264, A.L. 2001 H.B. 425, A.L. 2008 H.B. 1779, A.L. 2014 H.B. 1867)
Effective 1-01-15
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.025 - Excavator must give notice and obtain information, when, how — notice to notification center, when — clarification of markings, response — permit for highway excavation required.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 01 Jan 2015, 4 histories, see footnote
319.025. Excavator must give notice and obtain information, when, how — notice to notification center, when — clarification of markings, response — permit for highway excavation required. —
1. Except as provided in subsection 4 of section 319.030 and in section 319.050, a person shall not make or begin any excavation in any public street, road or alley, right-of-way dedicated to the public use or utility easement of record or within any private street or private property without first giving notice to the notification center and obtaining information concerning the possible location of any underground facilities which may be affected by said excavation from underground facility owners whose names appear on the current list of participants in the notification center and who were communicated to the excavator as notification center participants who would be informed of the excavation notice. Notice to the notification center of proposed excavation shall be deemed notice to all owners and operators of underground facilities. The notice referred to in this section shall comply with the provisions of section 319.026.
2. An excavator's notice to owners and operators of underground facilities participating in the notification center pursuant to section 319.022 is ineffective for purposes of subsection 1 of this section unless given to such notification center.
3. Notification center participants shall be relieved of the responsibility to respond to a notice of intent to excavate received directly from the person intending to commence an excavation, except for requests for clarification of markings through on-site meetings as provided in subsection 1 of section 319.030 and requests for locations at the time of an emergency as provided by section 319.050.
4. Notwithstanding the provisions of this section to the contrary, a person shall not make or begin any excavation in any state highway, or on the right-of-way of any state highway, without first obtaining a permit from the state highways and transportation commission pursuant to section 227.240, provided however, the provisions of this subsection shall not apply to railroad right-of-way owned or operated by a railroad.
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(L. 1976 S.B. 583 § 4, A.L. 1991 S.B. 214 & 264, A.L. 2001 H.B. 425, A.L. 2008 H.B. 1779, A.L. 2011 S.B. 173, A.L. 2014 H.B. 1867)
Effective 1-01-15
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.027 - Design requests, how made — marking location required.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 01 Jan 2015, 2 histories, see footnote
319.027. Design requests, how made — marking location required. —
1. Any person may make design requests by contacting the notification center. Such design requests shall include all information deemed necessary by the notification center to complete the notice, including the identification of the person and a description of the location of the project being designed and other information similar to that required of excavators under section 319.026.
2. Design requests shall be made to the notification center at least five working days, but not more than ten working days, before the date the person has requested receiving the information from the underground facility owner. Upon receipt of a design request, the notification center shall inform the person of the name of all notification center participants to whom the notice will be transmitted and shall promptly transmit such notice to the appropriate underground facility owners.
3. Every underground facility owner who receives a design request shall mark the location of the facility, or contact the person making the request, within five working days after the date the notice was received from the notification center. If the person making the request was contacted as an alternative to marking location, the person and the underground facility owner shall mutually agree on a schedule and method for providing the information, provided that the facility shall be marked within five working days if the facility owner and the person making the request are unable to agree.
4. No excavation may be commenced based upon information received through a design request. Obtaining information through a design request shall not excuse any person commencing an excavation from making notice and obtaining information under sections 319.025 and 319.026 concerning the possible location of any underground facilities which may be affected.
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(L. 2008 H.B. 1779, A.L. 2014 H.B. 1867)
Effective 1-01-15
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.031 - Sewer system owner duties upon notification of intent to excavate.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 01 Jan 2015, see footnote
319.031. Sewer system owner duties upon notification of intent to excavate. —
1. In addition to the other requirements of section 319.030, the response to a notice of intent to excavate received by a sewer system owner, when such owner has underground facilities located in the area of excavation identified in the notice and when the notice indicates that trenchless excavation methods will be used, shall include a determination of whether sewer service connections exist in the area of the excavation.
2. If the sewer system owner determines that sewer service connections exist in the area of the excavation identified in a notice of intent to excavate, the owner shall provide his or her best available information, or notice that the information does not exist, regarding the location of such connections to the excavator by any of the following methods:
(1) Placing a triangular green mark at the approximate location of the sewer service connection pointing in the direction of the customer structure serviced;
(2) Providing electronic copies of the information to the excavator;
(3) Delivering copies of the information to the excavator by facsimile or by other agreed upon means; or
(4) Arranging to meet the excavator at the site of the excavation to provide the information.
3. Providing the best available information, or notice that the information does not exist, regarding the location of sewer service connections that exist in the area of excavation identified in a notice of intent to excavate shall constitute full compliance with this section, and a sewer system owner shall not be liable to any party for damages or injuries resulting from an excavation if they are in compliance with this section.
4. Providing the best available information regarding the location of sewer service connections that exist in the area of excavation identified in a notice of intent to excavate shall not in and of itself constitute ownership, operation, control, or management of sewer service lines by a sewer system owner.
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(L. 2014 H.B. 1867)
Effective 1-01-15
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.033 - Public right-of-way, installation within, requirements.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 01 Jan 2015, see footnote
319.033. Public right-of-way, installation within, requirements. —
By January 1, 2016, if new lateral sewer pipes or water service lines are installed and connected to an underground facility within the public right-of-way, as defined in section 319.015, or if such infrastructure is fully replaced by excavation within the public right-of-way, the facility owner shall be required to place tracer wire or other utility location technology and an access point within a protective enclosure over water lines and cleanouts for gravity sewer laterals. For sewer laterals operating under pressure or vacuum, the facility owner shall be required to place an access point within a protective enclosure and shall not be required to place a cleanout. All protective enclosures and cleanouts shall be extended to grade and installed so that it is easily accessible. For water service lines and sewer laterals operating under pressure or vacuum, tracer wire, or other utility location technology, shall be placed within the protective enclosure to provide approximate location of the underground facilities in these areas that are located within a public right-of-way. An underground facility owner shall not be liable to any party for damages or injuries resulting from an excavation if they are in compliance with this section. This section shall apply to all installations of water service lines and sewer laterals without regard to their status as underground facilities under section 319.015. Nothing in this section shall require any owner of underground facilities who is not otherwise required under sections 319.010 to 319.050 to become a notification center participant.
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(L. 2014 H.B. 1867)
Effective 1-01-15
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.035 - Compliance with law still requires excavation to be made in careful and prudent manner — failure to give notice or mark facilities, rebuttable presumption of negligence.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 01 Jan 2015, see footnote
319.035. Compliance with law still requires excavation to be made in careful and prudent manner — failure to give notice or mark facilities, rebuttable presumption of negligence. —
1. Obtaining information as required by sections 319.010 to 319.050 does not excuse any person making any excavation from doing so in a careful and prudent manner.
2. Nothing in sections 319.010 to 319.050 shall relieve an excavator from the obligation to excavate in a safe and prudent manner, nor shall it absolve an excavator from liability for damage to underground facilities.
3. The failure of any excavator to give notice of proposed excavation activities as required by this chapter shall be a rebuttable presumption of negligence on his or her part in the event that such failure shall cause injury, loss, or damage. In addition to any penalties provided herein, liability under common law may apply.
4. The failure of an underground facility owner to mark his or her facilities that are located in an area of excavation described in a notice of intent to excavate received by the underground facility owner, as required by section 319.030, or the failure of an underground facility owner to be a notification center participant, consistent with the provisions of section 319.022, shall be a rebuttable presumption of negligence on the part of such owner in the event that such failure shall cause injury, loss, or damage. In addition to any penalties provided herein, liability under common law may apply.
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(L. 1976 S.B. 583 § 6, A.L. 1991 S.B. 214 & 264, A.L. 2014 H.B. 1867)
Effective 1-01-15
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.037 - Excavation sites included in requirements — equipment prohibited at such sites.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 01 Jan 2009, 2 histories, see footnote
319.037. Excavation sites included in requirements — equipment prohibited at such sites. —
1. Notwithstanding any other provision of law to the contrary, the procedures and requirements set forth in this section shall apply on the site of any excavation involving trenchless excavation, including directional drilling, where the approximate location of underground facilities has been marked in compliance with section 319.030 and where any part of the walls of the intended bore are within the marked approximate location of the underground facility.
2. The excavator shall not use power-driven equipment for trenchless excavation, including directional drilling, within the marked approximate location of such underground facilities until the excavator has made careful and prudent efforts to confirm the horizontal and vertical location thereof in the vicinity of the proposed excavation through methods appropriate to the geologic and weather conditions, and the nature of the facility, such as the use of electronic locating devices, hand digging, pot holing when practical, soft digging, vacuum methods, use of pressurized air or water, pneumatic hand tools or other noninvasive methods as such methods are developed. Such methods of confirming location shall not violate established safety practices. Nothing in this subsection shall authorize any person other than the owner or operator of a facility to attach an electronic locating device to any underground facility. For excavations paralleling the underground facility, such efforts to confirm the location of the facility shall be made at careful and prudent intervals. The excavator shall also make careful and prudent efforts by such means as are appropriate to the geologic and weather conditions and the nature of the facility, to confirm the horizontal and vertical location of the boring device during boring operations. Notwithstanding the foregoing, the excavator shall not be required to confirm the horizontal or vertical location of the underground facilities if the excavator, using the methods described in this section, excavates a hole over the underground facilities to a depth two feet or more below the planned boring path and then carefully and prudently monitors the horizontal and vertical location of the boring device in a manner calculated to enable the device to be visually observed by the excavator as it crosses the entire width of the marked approximate location of the underground facilities.
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(L. 2001 H.B. 425, A.L. 2008 H.B. 1779)
Effective 1-01-09
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.042 - No abrogation of contractual obligations with railroads.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 01 Jan 2009, see footnote
319.042. No abrogation of contractual obligations with railroads. —
Notwithstanding any provision of law to the contrary, nothing in this chapter shall abrogate any contractual provisions entered into between any railroad and any other party owning or operating an underground facility within the railroad's right-of-way. For railroads regulated by the Federal Railroad Administration, sections 319.015 to 319.050 shall not include any underground facility owned or operated by a railroad on land which the railroad owns or any excavation done by a railroad when such excavation is done entirely on land which the railroad owns.
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(L. 2008 H.B. 1779)
Effective 1-01-09
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.045 - Civil penalties — attorney general may bring action and shall make public number of enforcement actions.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 01 Jan 2015, 3 histories, see footnote
319.045. Civil penalties — attorney general may bring action and shall make public number of enforcement actions. —
1. Any person who violates in any material respect the provisions of section 319.022, 319.025, 319.026, 319.030, 319.037, or this section or who willfully damages an underground facility shall be liable to the state of Missouri for a civil penalty of up to ten thousand dollars for each violation for each day such violation persists, except that the maximum penalty for violation of the provisions of sections 319.010 to 319.050 shall not exceed five hundred thousand dollars for any related series of violations. An action to recover such civil penalty may be brought by the attorney general or a prosecuting attorney on behalf of the state of Missouri in any appropriate circuit court of this state. Trial thereof shall be before the court, which shall consider the nature, circumstances and gravity of the violation, and with respect to the person found to have committed the violation, the degree of culpability, the absence or existence of prior violations, whether the violation was a willful act, the effect on ability to continue to do business, any good faith in attempting to achieve compliance, ability to pay the penalty, and such other matters as justice may require in determining the amount of penalty imposed.
2. The attorney general may bring an action in any appropriate circuit court of this state for equitable relief to redress or restrain a violation by any person of any provision of sections 319.010 to 319.050. The court may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, temporary or permanent.
3. The attorney general shall make public the aggregate number of enforcement actions for the previously completed calendar year prior to March thirty-first of the current year.
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(L. 1976 S.B. 583 § 8, A.L. 1991 S.B. 214 & 264, A.L. 2001 H.B. 425, A.L. 2008 H.B. 1779, A.L. 2014 H.B. 1867)
Effective 1-01-15
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.046 - Arbitration of disputes, when.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 01 Jan 2015, see footnote
319.046. Arbitration of disputes, when. —
Parties with a dispute related to the provisions of sections 319.015 to 319.050 may request arbitration for disputes of less than five thousand dollars.
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(L. 2014 H.B. 1867)
Effective 1-01-15
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.050 - Exemptions from requirement to obtain information.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 01 Jan 2015, 3 histories, see footnote
319.050. Exemptions from requirement to obtain information. —
1. The provisions of sections 319.025 and 319.026 shall not apply to any excavation when necessary due to an emergency as defined in section 319.015. An excavation may proceed regarding such emergency, provided all reasonable precautions have been taken to protect the underground facilities. In any such case, the excavator shall give notification, substantially in compliance with section 319.026, as soon as practical, and upon being notified that an emergency exists, each underground facility owner in the area shall, within two hours after receiving such notice, provide markings or contact the excavator with any information immediately available to assist the excavator and shall inform the excavator if not able to mark within the two hours of when the underground facility will be marked at the site of the emergency.
2. For a request submitted as an emergency request that does not meet the definition of an emergency as defined in section 319.015, the facility owner shall notify the excavator within two hours that the request does not meet the requirements of an emergency, and the locate request will be marked within two working days under subsection 1 of section 319.030.
3. The excavator may be liable to the owner or operator for costs directly associated with the locating of any such underground facility relating to a notification of an emergency that does not meet the definition of emergency as stated in section 319.015.
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(L. 1976 S.B. 583 § 9, A.L. 1991 S.B. 214 & 264, A.L. 2001 H.B. 425, A.L. 2008 H.B. 1779, A.L. 2014 H.B. 1867)
Effective 1-01-15
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.075 - Citation of law.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1991
319.075. Citation of law. —
Sections 319.075 to 319.090 may be cited and shall be known as the "Overhead Power Line Safety Act".
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(L. 1991 S.B. 214 & 264 § 1)
(2005) Act does not affect or create an exception to an employer's immunity under the Worker's Compensation Act. Crow v. Kansas City Power and Light Co., 174 S.W.3d 523 (Mo.App.W.D.).