FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 430.160 — MO Code / Chapter 430 / Section 430.160
430.160 Enforcement of liens.
Status: in_force

430.160. Enforcement of liens. — The lien provided for in section 430.150 shall be enforced as follows: The person claiming the lien shall file in circuit court, before a circuit or associate circuit judge, in the county in which he resides, a statement duly verified by himself, his agent or attorney, setting forth his account and a description of the property on which the lien is claimed, and thereupon the court shall issue a summons, as in ordinary civil actions, returnable forthwith; and upon a return of the summons, duly served, shall set the cause for hearing at any time after the lapse of one day. If summons be returned "defendant not found", and if it be proved to the satisfaction of the court that the defendant is not a resident of the county, the court shall order a notice of the proceedings to be published for three successive days, in a daily newspaper, if one be published in the county, and if there be none, then once in a weekly, if such be published in the county; and if no paper be published in the county, then by six handbills put up in six public places in the county, notifying the defendant of the filing and the particulars of the account, the description of the property on which the lien is claimed, its whereabouts, and the day and place set for the hearing of the cause, which shall be at least ten days from the day of the last publication of the notice or the posting thereof; and the proof of such publication or of the posting of such notice shall be filed in the court on or before the day of trial. When the defendant shall have been summoned or notified as aforesaid, the cause shall, on the day fixed for trial, be tried as any ordinary case before an associate circuit judge or a circuit judge, as the case may be. If the judgment be for the plaintiff, the court shall order the property upon which the lien shall have been found to exist to be sold to satisfy the same. If the lien be not established, and the defendant shall not have been summoned, or shall not have voluntarily appeared to the action, the cause shall be dismissed at the cost of the plaintiff. If the defendant shall have been summoned, or shall have appeared to the action, and the plaintiff shall have established an indebtedness on the account sued on, but shall have failed to establish the lien claimed, the judgment shall be for the plaintiff for such indebtedness, but the cost of suit, or any part thereof, may be taxed against him.

(RSMo 1939 § 3581, A.L. 1945 p. 1140, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 3191; 1919 § 7251; 1909 § 8239 Effective 1-02-79
Mo. Rev. Stat. § 486.625 — MO Code / Chapter 486 / Section 486.625
486.625 Application, procedure.
Status: in_force

486.625. Application, procedure. — 1. Every application for a notary commission shall be made in a paper or electronic format established by the secretary and shall include all information required by section 486.630 and any other information as the secretary may deem appropriate.

2. A current or former notary applying for a new notary commission shall submit a new completed application and comply anew with all of the provisions of this section and sections 486.605 and 486.615 .

(L. 2020 H.B. 1655)
Mo. Rev. Stat. § 643.173 — MO Code / Chapter 643 / Section 643.173
643.173 Small business technical assistance program established, duties — advisory ...
Status: in_force

643.173. Small business technical assistance program established, duties — advisory committee created, members, appointment, terms, compensation, duties. — 1. There is hereby established within the department of natural resources a "Small Business Technical Assistance Program" which shall provide support and assistance to small business. To the maximum extent possible, the program shall be functionally separate from the department's air pollution enforcement responsibilities. The program shall advise regulated small business regarding permit application requirements, applicable provisions of 643.010 to 643.190 , and such other matters affecting small business as deemed appropriate by the committee. The commission shall establish time frames in which specific classes of deficiencies, except those affecting public health or the environment, shall be corrected.

2. The small business technical assistance program shall be advised by a "Small Business Compliance Advisory Committee" which is hereby created. One member shall be appointed by the director of the department, two members shall be appointed by the governor to represent the public and four owners of small businesses regulated under this chapter shall be appointed by the general assembly, one each appointed by the majority and minority leaders of each chamber of the general assembly. No member of the air conservation commission shall serve as a member of the small business compliance advisory committee. The term of office shall be four years except that of those first appointed, one member appointed by the governor, one member appointed by the senate and one member appointed by the house of representatives shall be appointed to two-year terms. Members shall serve until their successors are duly appointed and qualified and vacancies shall be filled by appointment for the remaining portion of the unexpired term created by the vacancy. The members shall be reimbursed for actual and necessary expenses incurred in the performance of their duties while in attendance at committee meetings.

3. The committee shall:

(1) Receive reports from the ombudsman pursuant to section 643.175 ;

(2) Evaluate the impact of sections 643.010 to 643.190 and the rules promulgated thereunder on small business;

(3) Review and assess the impact of enforcement policies on small business operations in Missouri;

(4) Recommend to the department, the commission and the general assembly, as appropriate, changes in procedure, in rules or in the law which would facilitate small business compliance with sections 643.010 to 643.190 ;

(5) Recommend to the commission rules establishing an expedited review of modifications for small businesses;

(6) Conduct hearings, determine facts and make investigations consistent with the purposes of this section.

(L. 1992 S.B. 544)
Mo. Rev. Stat. § 108.020 — MO Code / Chapter 108 / Section 108.020
108.020 Additional county indebtedness.
Status: in_force

108.020. Additional county indebtedness. — Any county in this state, by vote of the constitutionally required percentage of the voters voting thereon in favor of the question, may incur an indebtedness for county purposes in addition to that authorized in section 108.010 not to exceed five percent of the taxable tangible property shown as provided in that section.

(L. 1945 p. 597 § 3293, A.L. 1978 H.B. 971, A.L. 1990 H.B. 1621)
Mo. Rev. Stat. § 379.475 — MO Code / Chapter 379 / Section 379.475
379.475 Director to examine — powers — cost — director may accept examination by ...
Status: in_force

379.475. Director to examine — powers — cost — director may accept examination by other state. — 1. The director of the department of commerce and insurance shall have the power, at any time he may deem it advisable, to examine any insurer writing any class of insurance which is subject to the provisions of sections 379.420 to 379.510 , any rating organization licensed under said sections, any advisory organization referred to in section 379.455 , and every group, association, or other organization referred to in section 379.460 .

2. The examination of an insurer may be made during the course of an examination pursuant to provisions of other laws of this state.

3. It shall be the duty of the director at least once every three years to make or cause to be made an examination of every rating organization licensed under sections 379.420 to 379.510 .

4. During the course of any examination provided for in this section the officers, managers, agents and employees of the insurer, rating organization, advisory organization, or group, association or other organization may be examined under oath and shall exhibit all books, records, accounts, documents, or agreements governing its method of operation as may be requested by the director.

5. The reasonable cost of any examination provided for in this section shall be paid by the insurer, rating organization, advisory organization or group, association, or other organization undergoing such examination.

6. The director may accept the report of an examination made by the insurance supervisory official of another state in lieu of any examination provided for in this section.

(L. 1947 V. II p. 254 § 4)
Mo. Rev. Stat. § 285.1035 — MO Code / Chapter 285 / Section 285.1035
285.1035 Confidentiality of information.
Status: in_force

285.1035. Confidentiality of information. — 1. Individual account information relating to accounts under the plan and relating to individual participants including, but not limited to, names, addresses, telephone numbers, email addresses, personal identification information, investments, contributions, and earnings shall be confidential and shall be maintained as confidential, provided that such information may be disclosed:

(1) To the extent necessary to administer the plan in a manner consistent with sections 285.1000 to 285.1055 , ERISA, the Internal Revenue Code, or any other federal or Missouri law; or

(2) If the individual who provides the information or who is the subject of the information expressly agrees in writing to the disclosure of the information.

2. Information required to be confidential under subsection 1 of this section shall be considered a closed record as that term is defined in section 610.010 , regardless as to whether such information has been disclosed as allowed by subsection 1 of this section.

(L. 2023 S.B. 20 merged with S.B. 75)
Mo. Rev. Stat. § 476.110 — MO Code / Chapter 476 / Section 476.110
476.110 Acts constituting contempt of court.
Status: in_force

476.110. Acts constituting contempt of court. — Every court of record shall have power to punish as for criminal contempt persons guilty of:

(1) Disorderly, contemptuous or insolent behavior committed during its session, in its immediate view and presence, and directly tending to interrupt its proceeding or to impair the respect due to its authority;

(2) Any breach of the peace, noise or other disturbance directly tending to interrupt its proceedings;

(3) Willful disobedience of any process or order lawfully issued or made by it;

(4) Resistance willfully offered by any person to the lawful order or process of the court;

(5) The contumacious and unlawful refusal of any person to be sworn as a witness, or, when so sworn, to refuse to answer any legal and proper interrogatory.

(RSMo 1939 § 2028) Prior revisions: 1929 § 1864; 1919 § 2359; 1909 § 3881 (1951) The procuring of false testimony and presentation of same in trial in court impedes and obstructs justice and constitutes contempt. Osborne v. Purdome (Mo.), 244 S.W.2d 1005, 29 A.L.R.2d 1141. (1951) Practice known as "purgation by oath" under which contemnor was entitled to release upon denial of charges under oath, has never been the law in Missouri. Osborne v. Purdome (Mo.), 244 S.W.2d 1005, 29 A.L.R.2d 1141. (1951) Contempt complaint, filed by prosecuting attorney, and signed by reputable attorneys as amici curiae, need not be verified. Osborne v. Purdome (Mo.), 244 S.W.2d 1005, 29 A.L.R.2d 1141. (1953) Prosecution for criminal contempt held barred after one year under § 541.210. Ponick v. Purdome (A.), 254 S.W.2d 673. (1954) Prosecution for criminal contempt based on subornation of prejury is not a criminal case and is not barred by the one year statute of limitations. (Quashing writs of Court of Appeals in Ponick v. Owsley, 254 S.W.2d 673, and Osborne v. Owsley, 254 S.W.2d 676.) Osborne v. Owsley, 364 Mo. 544, 264 S.W.2d 332. (1954) Where magistrate orally ordered sheriff to produce prisoner held without warrant and sheriff refused, magistrate court had jurisdiction to cite sheriff for contempt. State ex rel. Cunningham v. Leavitt (A.), 271 S.W.2d 63. (1955) Where circuit judge cited judges of county court and then committed them for contempt for failure to order payment of salary of deputy circuit clerk as authorized by such circuit judge, he was not so entirely without jurisdiction as to be civilly liable for damages to the county judges. Pogue v. Swink, 365 Mo. 503, 284 S.W.2d 868. (1976) Proceedings to cite defendant for contempt for failure to pay court ordered support and maintenance held to be civil contempt proceedings. Teefey v. Teefey (Mo.), 533 S.W.2d 563.
Mo. Rev. Stat. § 574.200 — MO Code / Chapter 574 / Section 574.200
574.200 Interference with medical assistance, offense of, penalty — definition of ...
Status: in_force

574.200. Interference with medical assistance, offense of, penalty — definition of medical personnel. — 1. A person commits the offense of interference with medical assistance if he or she, while serving in his or her capacity as an employee of an abortion facility:

(1) Knowingly orders or requests medical personnel to deviate from any applicable standard of care or ordinary practice while providing medical assistance to a patient for reasons unrelated to the patient's health or welfare; or

(2) Knowingly attempts to prevent medical personnel from providing medical assistance to a patient in accordance with all applicable standards of care or ordinary practice for reasons unrelated to the patient's health or welfare.

2. The offense of interference with medical assistance is a class A misdemeanor.

3. For purposes of this section, the term "medical personnel" shall include, but not be limited to, the following:

(1) Physicians and surgeons licensed under chapter 334 ;

(2) Nurses licensed under chapter 335 ;

(3) Emergency medical services personnel as defined in section 190.600 ; or

(4) Any person operating under the supervision of such medical personnel.

(L. 2017 2d Ex. Sess. S.B. 5) Effective 10-24-17
Mo. Rev. Stat. § 173.141 — MO Code / Chapter 173 / Section 173.141
173.141 Authorized actions of the board.
Status: in_force

173.141. Authorized actions of the board. — The board may:

(1) Enter into agreements with and receive grants from the United States government in connection with federal programs of assistance to students of postsecondary education;

(2) Contract with public agencies or private persons or organizations for the purpose of carrying out the administrative functions imposed upon it by sections 173.095 to 173.180 ;

(3) Call upon agencies of the state which have actuarial or financial expertise for consultation and advice, and upon any agency of the state for assistance in the location of delinquent borrowers.

(L. 1981 H.B. 326)
Mo. Rev. Stat. § 1.092 — MO Code / Chapter 1 / Section 1.092
1.092 Best interest of child, welfare policy of state.
Status: in_force

1.092. Best interest of child, welfare policy of state. — The child welfare policy of this state is what is in the best interests of the child.

(L. 1995 H.B. 232 & 485 merged with S.B. 174)
Mo. Rev. Stat. § 471.040 — MO Code / Chapter 471 / Section 471.040
471.040 Insurance policies.
Status: in_force

471.040. Insurance policies. — Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.

(L. 1947 V. I p. 13 § 4, A.L. 1959 S.B. 120) (1963) Evidence sufficient to support finding that beneficiary survived insured after both were fatally injured in same automobile accident. Prudential Ins. Co. of America v. Sutton (A.), 368 S.W.2d 522.
Mo. Rev. Stat. § 375.771 — MO Code / Chapter 375 / Section 375.771
375.771 Citation of law.
Status: in_force

375.771. Citation of law. — Sections 375.771 to 375.779 shall be referred to as the "Missouri Property and Casualty Insurance Guaranty Association Act". If any provision of sections 375.771 to 375.779 is found to be unconstitutional, the remaining provisions are to be treated as being in full force and effect.

(L. 1989 S.B. 333)
Mo. Rev. Stat. § 236.495 — MO Code / Chapter 236 / Section 236.495
236.495 Legal actions for enforcement available, procedure.
Status: in_force

236.495. Legal actions for enforcement available, procedure. — 1. In carrying out the provisions of sections 236.400 to 236.500 and to the extent not inconsistent with chapter 491 , the chief engineer or council may subpoena witnesses and compel their attendance, and may also require the submission of books, papers, documents or other pertinent data in any hearing or enforcement proceedings hereunder or in any case wherein a violation of this chapter is alleged. Upon failure or refusal to comply with such order or upon failure to honor a subpoena, as herein provided, the council may request the attorney general or a prosecuting attorney to apply to the circuit court having jurisdiction to enforce compliance.

2. The council may request the attorney general or a prosecuting attorney, in the name of the state, to institute a suit for injunctive relief to stop or prevent violations of the provisions of sections 236.400 to 236.500 , permits, standards, orders and rules and regulations promulgated hereunder, which shall be violations of sections 236.400 to 236.500 , or to restrain any violation thereof, or after written notification of violation by the council, and a reasonable time to correct such violation, for the assessment of a penalty of up to one thousand dollars per day, for each day or part thereof the violation continues to occur after such notice. Such action may be brought in any county where the defendant's principal place of business is located, where the dam or reservoir is located, or the violation does or may occur.

(L. 1979 H.B. 603 § 20)
Mo. Rev. Stat. § 253.410 — MO Code / Chapter 253 / Section 253.410
253.410 Deputy state preservation officer appointment — to serve as director — ...
Status: in_force

253.410. Deputy state preservation officer appointment — to serve as director — staff, qualifications. — The state historic preservation officer shall designate a deputy state historic preservation officer who shall serve as director of the state historic preservation office. At a minimum, the staff of the state historic preservation office shall include an archaeologist, an architectural historian, a historian and a historical architect.

(L. 1991 S.B. 124 § 3)
Mo. Rev. Stat. § 78.230 — MO Code / Chapter 78 / Section 78.230
78.230 Organization may be abandoned — charter may be resumed — procedure.
Status: in_force

78.230. Organization may be abandoned — charter may be resumed — procedure. — Any city which shall have operated for more than six years under the provisions of sections 78.010 to 78.420 may abandon such organization hereunder, and accept the provisions of the general law of the state then applicable to the cities of its population, or if now organized under special charter, may resume said special charter by proceeding as follows: Upon the petition of not less than ten percent of the voters casting votes for governor in the last preceding general election of such city the following question shall be submitted: Shall the city of (name of city) abandon its organization under sections 78.010 to 78.420 , and become a city under the general law governing cities of like population, or if now organized under special charter shall resume said special charter? If a majority of votes cast on the question be in favor of such question, the officers elected at the next election shall be those then prescribed by the general law of the state for cities of like population, and upon the qualification of such officers such city shall become a city under such general law of the state; but such change shall not in any manner or degree affect the property, right or liabilities of any nature of such city, but shall merely extend to such change in its form of government. The sufficiency of such petition shall be determined, the election ordered and conducted, and the results declared generally as provided by sections 78.260 to 78.290 , insofar as the provisions thereof are applicable.

(RSMo 1939 § 7077, A.L. 1978 H.B. 971, S.B. 594) Prior revisions: 1929 § 6927; 1919 § 8394
Mo. Rev. Stat. § 324.026 — MO Code / Chapter 324 / Section 324.026
324.026 Orientation program for appointees required, purpose.
Status: in_force

324.026. Orientation program for appointees required, purpose. — An orientation program for appointees to all boards or commissions in the division of professional registration shall be prepared under the direction of the director of the division, which shall acquaint new appointees with their duties and provide available information on subject matters of concern to the board or commission to which each public member has been appointed.

(L. 2008 S.B. 788)
Mo. Rev. Stat. § 355.636 — MO Code / Chapter 355 / Section 355.636
355.636 Effect of merger.
Status: in_force

355.636. Effect of merger. — When a merger takes effect:

(1) Every other corporation party to the merger merges into the surviving corporation and the separate existence of every corporation except the surviving corporation ceases;

(2) The title to all real estate and other property owned by each corporation party to the merger is vested in the surviving corporation without reversion or impairment subject to any and all conditions to which the property was subject prior to the merger;

(3) The surviving corporation has all liabilities and obligations of each corporation party to the merger;

(4) A proceeding pending against any corporation party to the merger may be continued as if the merger did not occur or the surviving corporation may be substituted in the proceeding for the corporation whose existence ceased; and

(5) The articles of incorporation and bylaws of the surviving corporation are amended to the extent provided in the plan of merger.

(L. 1994 H.B. 1095) Effective 7-01-95
Mo. Rev. Stat. § 338.285 — MO Code / Chapter 338 / Section 338.285
338.285 Board may file complaint, when, where filed.
Status: in_force

338.285. Board may file complaint, when, where filed. — The board is hereby authorized and empowered, when examination or inspection of a pharmacy shall disclose to the board that the pharmacy is not being operated or conducted according to such legal rules and regulations and the laws of Missouri with respect thereto, to cause a complaint to be filed before the administrative hearing commission pursuant to chapter 621 charging the holder of a permit to operate a pharmacy with conduct constituting grounds for discipline in accordance with section 338.055 .

(L. 1971 S.B. 145, A.L. 2001 H.B. 567)
Mo. Rev. Stat. § 92.200 — MO Code / Chapter 92 / Section 92.200
92.200 Amendment of charter required — present ordinance to continue.
Status: in_force

92.200. Amendment of charter required — present ordinance to continue. — No ordinance enacted under sections 92.110 to 92.200 , except an ordinance limited to the purposes of section 92.170 , shall be effective unless it is authorized pursuant to a charter amendment of such city; provided that any ordinance authorized by charter and presently in effect shall remain in effect until an ordinance is adopted under the authority of sections 92.110 to 92.200 .

(Reenacted L. 1953 2d Ex. Sess. p. 14 § 10, A.L. 1959 S.B. 27, A.L. 1961 p. 219)
Mo. Rev. Stat. § 644.116 — MO Code / Chapter 644 / Section 644.116
644.116 Rules and regulations to be adopted by commission — clean water commission ...
Status: in_force

644.116. Rules and regulations to be adopted by commission — clean water commission to implement plan. — The commission's determination of the relative need, the priority of projects, and the standards of construction shall be based on rules and regulations as adopted by the commission pursuant to this chapter for wastewater projects. The clean water commission shall implement the intended use plan developed by the safe drinking water commission pursuant to section 640.107 .

(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 1982 S.B. 646, A.L. 1998 H.B. 1161) Effective 6-09-98