FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 49.082 — MO Code / Chapter 49 / Section 49.082
49.082 Compensation of certain county commissioners, may be reduced, vote required ...
Status: in_force

49.082. Compensation of certain county commissioners, may be reduced, vote required — training program, attendance required, when, expenses, compensation. — 1. A county commissioner in any county, other than in a first classification chartered county or a first classification county not having a charter form of government and not containing any part of a city with a population of three hundred thousand or more, shall, subject to any other adjustment otherwise provided in this section, receive an annual salary computed as set forth in the following schedule. The assessed valuation factor shall be the amount thereof as shown for the year next preceding the computation. The provisions of this section shall not permit or require a reduction in the amount of compensation being paid for the office of commissioner on January 1, 1997.

2. In addition to any compensation provided pursuant to subsection 1 of this section, the presiding commissioner of any county not having a charter form of government shall receive two thousand dollars annual salary.

3. Two thousand dollars of the salary authorized in this section shall be payable to a commissioner only if the commissioner has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the commissioner's office when approved by a professional association of the county commissioners of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each commissioner who completes the training program and shall send a list of certified commissioners to the treasurer of each county. Expenses incurred for attending the training session may be reimbursed to a county commissioner in the same manner as other expenses as may be appropriated for that purpose.

4. A county commissioner in any county, other than a first classification charter county or a first classification county not having a charter form of government and not containing any part of a city with a population of three hundred thousand or more, shall not, except upon a two-thirds vote of all the members of the salary commission, receive an annual compensation in an amount less than the total compensation being received for the office of county commissioner or presiding commissioner respectively for the particular county for services rendered or performed on the date the salary commission votes.

(L. 1987 S.B. 65, et al. § 6, A.L. 1988 S.B. 431, A.L. 1997 S.B. 11) CROSS REFERENCE: Compensation in certain first class, noncharter counties, RSMo 50.343
Mo. Rev. Stat. § 523.045 — MO Code / Chapter 523 / Section 523.045
523.045 Interest on awards payable when — enforcement.
Status: in_force

523.045. Interest on awards payable when — enforcement. — If, within thirty days after the filing of any condemnation commissioners' report under the provisions of section 523.040 , the condemnor shall have neither paid the amount of the commissioners' award to the persons named in the petition as owning or claiming any property or rights or to the clerk of the court for such named persons nor timely filed its written election to abandon the proposed appropriation of said property or rights, then interest on the amount of any subsequent verdict for said named persons, or if there be no such verdict, then on the amount of the award, at the rate of six percent per annum from the date of filing the report shall be added to said verdict or award and paid to said named person or to the clerk for them. If, within thirty days after the filing of any such commissioners' report the condemnor shall have paid the amount of any commissioners' award to the persons named in the petition as owning or claiming any property or rights or to the clerk of the court for them and the amount of such award shall be superseded by a subsequent verdict or amount larger than the award paid, then interest on the amount by which such verdict exceeds the award, at the rate of six percent per annum from the date of filing the report, shall be added to the amount of the verdict; but if the amount of the award shall be superseded by a subsequent verdict or amount smaller than the award paid, then judgment shall be entered against said persons named to repay to condemnor the amount by which the award paid exceeds the amount of the verdict, with six percent interest on such excess payment from the date of the payment of the award. If, within thirty days after the filing of any such commissioners' report, the condemnor shall have neither paid the amount of the award to said persons or to the clerk for them nor filed its written election to abandon the appropriation, but shall thereafter timely file such written election to abandon, then the court may, upon motion filed by said persons within ten days after the filing of said election, assess against the condemnor six percent interest on the amount of the award from the date of the filing of the commissioners' report to the date of the filing of such election, enter judgment thereon and enforce payment thereof by execution or other appropriate proceeding.

(L. 1959 S.B. 248) (1974) Award of interest on amount of commissioners' award where condemnation was abandoned held proper. Constitutionality of section upheld. Missouri State Park Board v. McDaniel (Mo.), 513 S.W.2d 447.
Mo. Rev. Stat. § 578.435 — MO Code / Chapter 578 / Section 578.435
578.435 Weapon defined — weapons owned or in possession of gang members may be ...
Status: in_force

578.435. Weapon defined — weapons owned or in possession of gang members may be confiscated — weapon deemed a nuisance and destroyed by court order, when. — 1. As used in this section and section 578.437 , the term "weapon" means any firearm, concealable firearm, blackjack, explosive weapon, gas gun, knife, knuckles, machine gun, projectile weapon, rifle, short barrel, shotgun, or switchblade knife, as defined in section 571.010 .

2. Any weapon which is owned or possessed by a member of a criminal street gang for the purposes of the commission of an offense enumerated in subdivision (2) of section 578.421 may be confiscated by any law enforcement agency or peace officer as defined in section 590.100 . If the law enforcement agency or peace officer believes that the return of the weapon confiscated has been or will be used in criminal street gang activity or that the return of the weapon would be likely to result in endangering the safety of others, the law enforcement agency or peace officer may initiate a petition in circuit court to determine if the weapon should be returned or declared a nuisance. If the court declares such weapon to be a nuisance, the weapon shall be destroyed.

(L. 1993 H.B. 562 § 5 subsecs. 1, 2)
Mo. Rev. Stat. § 565.003 — MO Code / Chapter 565 / Section 565.003
565.003 Culpable mental state may exist though different person killed — transfer ...
Status: in_force

565.003. Culpable mental state may exist though different person killed — transfer of intent, when — time between act and death no defense. — 1. (1) The culpable mental state necessary for a homicide offense may be found to exist if the only difference between what actually occurred and what was the object of the offender's state of mind is that a different person or persons were killed.

(2) It shall not be a defense to a homicide charge that the identity of the person the offender intended to kill cannot be established. If the state proves beyond a reasonable doubt that the offender had the requisite mental state toward a specific person or a general class of persons who are not identified or who are not identifiable, such intent shall be transferred to a person who is killed by the offender while such mental state existed.

2. The length of time which transpires between conduct which results in a death and is the basis of a homicide offense and the event of such death is no defense to any charge of homicide.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2023 S.B. 227)
Mo. Rev. Stat. § 344.080 — MO Code / Chapter 344 / Section 344.080
344.080 Compensation of board members, exception.
Status: in_force

344.080. Compensation of board members, exception. — The members of the board, other than the director of the department of health and senior services or his designee, shall receive as compensation for their services fifty dollars for each day devoted to the affairs of the board, and shall be entitled to reimbursement for their expenses necessarily incurred in the discharge of their official duties.

(L. 1969 3d Ex. Sess. H.B. 33 § 8, A.L. 1979 S.B. 145, A.L. 1987 S.B. 277, A.L. 2007 H.B. 780)
Mo. Rev. Stat. § 168.261 — MO Code / Chapter 168 / Section 168.261
168.261 Director of personnel, appointment — personnel committee, appointment ...
Status: in_force

168.261. Director of personnel, appointment — personnel committee, appointment (metropolitan districts). — A director of personnel may be appointed by the superintendent of schools subject to the approval of the board of education of the metropolitan school district. The director of personnel shall be a member of a personnel committee representing certificated and noncertificated employees, the committee to be appointed in the manner that the rules of the board of education provide.

(L. 1963 p. 200 § 9-26, A.L. 1967 p. 238, A.L. 2005 H.B. 297 merged with S.B. 298) (Source: L. 1961 p. 354 § 2)
Mo. Rev. Stat. § 115.227 — MO Code / Chapter 115 / Section 115.227
115.227 Consistent provisions of general law to apply to electronic voting systems.
Status: in_force

115.227. Consistent provisions of general law to apply to electronic voting systems. — All provisions of law not inconsistent with sections 115.225 to 115.235 shall apply with full force and effect to elections in each jurisdiction using an electronic voting system.

(L. 1977 H.B. 101 § 8.010 , A.L. 2018 S.B. 592 merged with S.B. 975 & 1024 Revision) Effective 8-28-18 (S.B. 975 & 1024 Revision); 11-07-18 (S.B. 592)
Mo. Rev. Stat. § 509.020 — MO Code / Chapter 509 / Section 509.020
509.020 Caption of pleading — what set forth.
Status: in_force

509.020. Caption of pleading — what set forth. — Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number, and a designation as in section 509.010 . In the petition the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.

(L. 1943 p. 353 § 33)
Mo. Rev. Stat. § 92.740 — MO Code / Chapter 92 / Section 92.740
92.740 Petition, form, contents.
Status: in_force

*92.740. Petition, form, contents. — 1. A suit for the foreclosure of the tax liens herein provided for shall be instituted by filing in the appropriate office of the circuit clerk and with the land reutilization authority a petition, which petition shall contain a caption, a copy of the list prepared by the collector, and a prayer. Such petition without further allegation shall be deemed to be sufficient.

2. The caption shall be in the following form:

3. The petition shall conclude with a prayer that all tax liens upon such real estate be foreclosed; that the court determine the amounts and priorities of all tax bills, together with interest, penalties, costs, and attorney's fees; that the court order such real estate to be sold by the sheriff at public sale as provided by sections 92.700 to 92.920 and that thereafter a report of such sale be made by the sheriff to the court for further proceedings under the provisions of sections 92.700 to 92.920 .

4. The petition when so filed shall have the same force and effect with respect to each parcel of real estate therein described as a separate suit instituted to foreclose the tax lien or liens against any one of said parcels of real estate.

5. For each petition filed, the collector shall make available to the public a list detailing each parcel included in the suit.

(L. 1971 H.B. 472 § 9, A.L. 2022 H.B. 1606 merged with H.B. 1662) *Revisor's Note: This section was amended identically by both H.B. 1606 and H.B. 1662, 2022. In 2023, H.B. 1606 was declared unconstitutional (see annotation below). The H.B. 1662 language remains in effect. (2023) The inclusion of Section 67.2300 in H.B. 1606 from 2022 declared unconstitutional as violating the single subject rule of Article III, § 23 of the Missouri Constitution. The remaining provisions of H.B. 1606 could not be severed and the bill is declared invalid in its entirety. Byrd, et al. v. State of Missouri, et al., 679 S.W.3d 492 (Mo.banc).
Mo. Rev. Stat. § 1.205 — MO Code / Chapter 1 / Section 1.205
1.205 Life begins at conception — unborn child, defined — failure to provide ...
Status: in_force

1.205. Life begins at conception — unborn child, defined — failure to provide prenatal care, no cause of action for. — 1. The general assembly of this state finds that:

(1) The life of each human being begins at conception;

(2) Unborn children have protectable interests in life, health, and well-being;

(3) The natural parents of unborn children have protectable interests in the life, health, and well-being of their unborn child.

2. Effective January 1, 1988, the laws of this state shall be interpreted and construed to acknowledge on behalf of the unborn child at every stage of development, all the rights, privileges, and immunities available to other persons, citizens, and residents of this state, subject only to the Constitution of the United States, and decisional interpretations thereof by the United States Supreme Court and specific provisions to the contrary in the statutes and constitution of this state.

3. As used in this section, the term "unborn children" or "unborn child" shall include all unborn child or children or the offspring of human beings from the moment of conception until birth at every stage of biological development.

4. Nothing in this section shall be interpreted as creating a cause of action against a woman for indirectly harming her unborn child by failing to properly care for herself or by failing to follow any particular program of prenatal care.

(L. 1986 H.B. 1596) CROSS REFERENCE: Abortion regulations, Chap. 188 (1989) Where section by its terms does not regulate abortions or any other aspect of appellees' medical practice, it can be read simply to express a value judgment. The extent to which the statute might be used to interpret other state statutes or regulations is something that only the courts of Missouri can definitely decide. U. S. Supreme Court declined to rule on the constitutionality of the section unless the meaning of the section is applied to restrict the activities of a claimant in some concrete way. Webster v. Reproductive Health Services, 109 S.Ct. 3040. (1992) Definition of "person" in this section, which includes unborn children is applicable to other statutes and court concludes that it applies at least to the involuntary manslaughter statute, section 565.024, RSMo. State v. Knapp, 843 S.W.2d 345 (Mo. en banc). (1995) Statute sets out a canon of interpretation enacted by general assembly directing that time of conception and not viability is the determinative point at which legally protectable rights, privileges and immunities of an unborn child should be deemed to begin. Statute further sets out the intention of the general assembly that courts should read all Missouri statutes in pari materia with this section. Connor v. Monkem Co., Inc., 898 S.W.2d 89 (Mo. en banc).
Mo. Rev. Stat. § 473.440 — MO Code / Chapter 473 / Section 473.440
473.440 Enforcement of judgment, attachment or execution liens which attached prior ...
Status: in_force

473.440. Enforcement of judgment, attachment or execution liens which attached prior to decedent's death. — When any real or personal property of an estate is bound by the lien of any judgment, attachment or execution, which attached prior to the death of decedent, the personal representative, when the best interests of the estate require, may obtain the redemption thereof, except that, if the estate is insolvent, the property subject to the lien shall be sold in the manner provided by law for the sale of property for the payment of obligations of the estate. The proceeds of the sale shall be used first to satisfy and pay the judgment or execution without regard to the classification thereof, except that claims in classes one through seven * of section 473.397 have precedence over such liens, and the residue, if any, shall be administered as other assets. If there is more than one judgment, attachment or execution lien, and the estate is insufficient to pay all of them, they shall be paid according to their priority, or, if they are of equal priority, the proceeds shall be applied to the several liens in proportion to their respective amounts.

(L. 1955 p. 385 § 163, A.L. 1980 S.B. 637) Effective 1-01-81 *Seventh class was renumbered to eighth class in section 473.397 by S.B. 806, 2018. CROSS REFERENCES: Attached property of decedent to be sold only under administration proceedings, 521.450, 521.460 Executions not to issue against executor or administrator, when, 513.075 Executors or administrators not to be summoned as garnishees, when, 525.030
Mo. Rev. Stat. § 140.980 — MO Code / Chapter 140 / Section 140.980
140.980 Citation of law — definitions.
Status: in_force

140.980. Citation of law — definitions. — 1. Sections 140.980 to 140.1015 shall be known and may be cited as the "Chapter 140 Land Bank Act".

2. As used in sections 140.980 to 140.1015 , the following terms mean:

(1) "Land bank agency" , an agency established by a county or municipality under the authority of section 140.981 ;

(2) "Land taxes" , taxes on real property or real estate, including the taxes both on the land and the improvements thereon;

(3) "Municipality" , any incorporated city, town, or village in this state;

(4) "Political subdivision" , any county, city, town, village, school district, library district, or any other public subdivision or public corporation that has the power to tax;

(5) "Reserve period taxes" , land taxes assessed against any parcel of real estate sold or otherwise disposed of by a land bank agency for the first three tax years following such sale or disposition;

(6) "Tax bill" , real estate taxes and the lien thereof, whether general or special, levied and assessed by any taxing authority;

(7) "Taxing authority" , any governmental, managing, administering, or other lawful authority, now or hereafter empowered by law to issue tax bills.

(L. 2019 H.B. 821, A.L. 2024 H.B. 2062)
Mo. Rev. Stat. § 205.830 — MO Code / Chapter 205 / Section 205.830
205.830 Board to furnish relief — investigations — prosecutions (second class counties).
Status: in_force

205.830. Board to furnish relief — investigations — prosecutions (second class counties). — 1. It shall be the duty of said board, when any person by himself, herself, or another apply for relief to make immediate inquiry into the state and circumstances of the applicant, and if it shall appear that he or she is in such indigent circumstances as to require temporary relief, the said board shall furnish, out of the funds in their hands, such relief as the circumstances of the case may require; provided, that in all cases where the applicant for aid may be found dependent and said applicant or member of said applicant's family is an able-bodied male person capable of performing manual labor, said board shall require such person to perform work to the value of the aid given, and the city engineer and the street commissioners of such cities in their respective departments are required to utilize the services of such able-bodied persons upon receiving notice from said board that such person has received or is entitled to such aid. Where the applicant or a member of the applicant's family is an able-bodied female, said board shall, whenever practicable, require that labor to the value of the aid given be performed. They shall make investigations of cases of dependence for individuals or other charitable organizations and furnish such reports upon the same as in their judgment seems advisable.

2. Their office shall be a center of intercommunication between the various charitable agencies in the city. They shall foster harmonious cooperation between them and endeavor to eradicate the evils of overlapping relief, and for this purpose shall maintain a confidential registration bureau.

3. When it is impossible to repress mendicancy by the above means they shall prosecute imposters. They shall carefully work out such plans for helping families to self-dependence as may seem most practicable. They shall make concentrated attack on social causes of hardship, such as unsanitary housing, child labor, extortionate charges by pawnshops, salary loan and chattel mortgage agreements.

(RSMo 1939 § 9584) Prior revisions: 1929 § 12944; 1919 § 12193; 1909 § 1327
Mo. Rev. Stat. § 324.1116 — MO Code / Chapter 324 / Section 324.1116
324.1116 Agency hiring criteria.
Status: in_force

324.1116. Agency hiring criteria. — A private investigator agency or private fire investigator agency shall not hire any individual as an employee unless the individual:

(1) Is at least twenty-one years of age;

(2) Provides two recent photographs of themselves, of a type prescribed by the board of private investigator examiners;

(3) Has been fingerprinted in a manner approved by the Missouri state highway patrol, central repository, under section 43.543 ; and

(4) Complies with any other qualifications and requirements the board adopts by rule.

(L. 2007 H.B. 780 merged with S.B. 308, A.L. 2011 H.B. 464)
Mo. Rev. Stat. § 334.650 — MO Code / Chapter 334 / Section 334.650
334.650 Physical therapist assistant, license required — supervision by licensed ...
Status: in_force

334.650. Physical therapist assistant, license required — supervision by licensed physical therapist. — 1. After January 1, 1997, no person shall hold himself or herself out as being a physical therapist assistant in this state unless the person is licensed as provided in sections 334.650 to 334.685 .

2. A licensed physical therapist shall direct and supervise a physical therapist assistant. The physical therapist shall retain ultimate authority and responsibility for the physical therapy treatment. The licensed physical therapist shall have the responsibility of supervising the physical therapy treatment program. No physical therapist may establish a treating office in which the physical therapist assistant is the primary care provider. No licensed physical therapist shall have under their direct supervision more than four full-time equivalent physical therapist assistants.

(L. 1996 H.B. 999, A.L. 2008 S.B. 788)
Mo. Rev. Stat. § 565.189 — MO Code / Chapter 565 / Section 565.189
565.189 Filing a false elder abuse or neglect report — penalty.
Status: in_force

565.189. Filing a false elder abuse or neglect report — penalty. — 1. A person commits the offense of filing a false elder abuse or neglect report if he or she knowingly files a false report of elder abuse or neglect.

2. The offense of filing a false elder abuse or neglect report is a class A misdemeanor, unless the person has previously been found guilty of making a false report to the department and is subsequently found guilty of making a false report under this section, in which case it is a class E felony.

3. Evidence of prior findings of guilt of false reporting shall be heard by the court, out of the hearing of the jury, prior to the submission of the case to the jury, and the court shall determine the existence of the prior findings of guilt.

(L. 2014 S.B. 491) Effective 1-01-17