FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 392.080 — MO Code / Chapter 392 / Section 392.080
392.080 May construct lines on public roads — consent of city required — ...
Status: in_force

392.080. May construct lines on public roads — consent of city required — constructive easement acquired, when. — Companies organized under the provisions of sections 392.010 to 392.170 , for the purpose of constructing and maintaining telephone or magnetic telegraph lines are authorized to set their poles, piers, abutments, wires, and other fixtures along, across or under any of the public roads, streets and waters of this state, in such manner as not to incommode the public in the use of such roads, streets and waters; provided, any telegraph or telephone company desiring to place their wires, poles, and other fixtures in any city, they shall first obtain consent from said city through the municipal authorities thereof; and provided, further, that the acceptance, use, or continued use of this right shall create a real property public easement in the public roads, streets and waters in favor of the accepting telephone or magnetic telegraph company so long as it is used for public utility purposes, subject only to public use and the rights of the cities as set out above and such easement shall not terminate or be extinguished by any vacation, abandonment or subsequent sale by the state or any agency or commission thereof; however, nothing contained herein shall alter the authority of the state highways and transportation commission to require the alteration or removal of such facilities pursuant to section 227.240 , nor entitle the owner of the facilities to reimbursement for the cost of altering or removing such facilities pursuant to an order of state highways and transportation commission under section 227.240 .

(RSMo 1939 § 5326, A.L. 1974 S.B. 344) Prior revisions: 1929 § 4921; 1919 § 10132; 1909 § 3326 CROSS REFERENCES: Erection of telephone or telegraph wires in streets or roads, cities of the third class, 77.520 Erection of telephone or telegraph wires in streets or roads, cities of the fourth class, 88.773 Erection of telephone or telegraph wires in streets or roads, consent of county commission, 229.100 Erection of telephone or telegraph wires in streets or roads, state highways and transportation commission consent, 227.240 (1981) Statutory amendment giving telephone utility, but not other utilities, a vested property interest in public land under which its cables and conduits had been placed had a retroactive effect in violation of the ex post facto provision of the Missouri Constitution and the constitutional ban on local or special laws. Planned Industrial Expansion Authority of the City of St. Louis v. Southwestern Bell Telephone Co. (Mo.), 612 S.W.2d 772.
Mo. Rev. Stat. § 9.080 — MO Code / Chapter 9 / Section 9.080
9.080 Korean War Veterans Day, how observed.
Status: in_force

9.080. Korean War Veterans Day, how observed. — In recognition of the courage and unwavering patriotism of those valiant men and women of the Armed Forces of the United States who served during the Korean War, July twenty-seventh of each year is hereby designated as "Korean War Veterans Day". The governor is authorized and requested to issue a proclamation each year calling upon the people of the state of Missouri to honor the men and women of the Armed Forces of the United States who fought for their country during the Korean War, and to observe that day with appropriate honors, ceremonies and prayers.

(L. 1989 H.B. 911 § 1)
Mo. Rev. Stat. § 473.463 — MO Code / Chapter 473 / Section 473.463
473.463 No known heirs, property to be sold.
Status: in_force

473.463. No known heirs, property to be sold. — When there are no known heirs or legal representatives of heirs, the personal representative shall sell all the real and personal estate of the decedent as to which he died intestate six months after administration is granted, unless the court otherwise orders.

(RSMo 1939 § 115, A.L. 1955 p. 385 § 170, A.L. 1980 S.B. 637) Prior revisions: 1929 § 116; 1919 § 115; 1909 § 125 Effective 1-01-81
Mo. Rev. Stat. § 435.405 — MO Code / Chapter 435 / Section 435.405
435.405 Vacating an award — de novo judicial review, when.
Status: in_force

435.405. Vacating an award — de novo judicial review, when. — 1. Upon application of a party, the court shall vacate an award where:

(1) The award was procured by corruption, fraud or other undue means;

(2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;

(3) The arbitrators exceeded their powers;

(4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 435.370 , as to prejudice substantially the rights of a party; or

(5) There was no arbitration agreement and the issue was not adversely determined in proceedings pursuant to section 435.355 and the party did not participate in the arbitration hearing without raising the objection; but the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.

2. An application pursuant to this section shall be made within ninety days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within ninety days after such grounds are known or should have been known.

3. In vacating the award on grounds other than stated in subdivision (5) of subsection 1 of this section or subsection 5 of this section, the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with section 435.360 , or if the award is vacated on grounds set forth in subdivisions (3) and (4) of subsection 1 of this section the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 435.360 . The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.

4. If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.

5. Notwithstanding the provisions of this section, if an arbitration award in any legal proceeding pursuant to chapter 452 or chapter 454 determines an issue regarding a child of the marriage, such determination shall be subject to de novo judicial review.

(L. 1980 H.B. 1203 § 12, A.L. 1998 S.B. 910) (1998) Section does not authorize setting aside award due to manifest disregard of the law. Edward D. Jones & Co. v. Schwartz, 969 S.W.2d 788 (W.D.Mo.).
Mo. Rev. Stat. § 600.043 — MO Code / Chapter 600 / Section 600.043
600.043 Involuntary civil detention or commitment cases, representation by ...
Status: in_force

600.043. Involuntary civil detention or commitment cases, representation by defenders prohibited. — The state public defender system shall not represent a person who faces a loss or deprivation of liberty pursuant to section 632.415 , and nothing in sections 600.011 to 600.048 and 600.086 to 600.096 shall be construed to affect the legal representative provided to any person pursuant to section 632.415 .

(L. 1982 H.B. 1169) Effective 4-01-82
Mo. Rev. Stat. § 43.130 — MO Code / Chapter 43 / Section 43.130
43.130 Uniforms — allowance to members — vehicles and equipment.
Status: in_force

43.130. Uniforms — allowance to members — vehicles and equipment. — 1. The superintendent shall prescribe a distinctive style of uniform and badge for members of the patrol to be made of the material and of the color he specifies, and it shall be unlawful for any person to wear the prescribed uniform or badge, or any distinctive part thereof, except on order of the superintendent. The uniform shall be purchased at the times the superintendent requires, and the superintendent shall fix a uniform allowance for such purpose for each member of the patrol.

2. The members of the patrol shall, at the expense of the state, be furnished with the vehicles, equipment, arms, ammunition, supplies and insignia of office as the superintendent deems necessary, all of which shall remain the property of the state and be strictly accounted for by each member of the patrol. All such vehicles and equipment shall be distinctively marked, and all vehicles used by members of the patrol shall be distinctively lighted at night.

3. Members of the patrol shall wear their uniform and insignia of office at all times when on duty, unless otherwise designated by the superintendent.

(RSMo 1939 § 8355, A.L. 1943 p. 652, A.L. 1949 p. 293, A.L. 1957 p. 619, A.L. 1978 H.B. 1048)
Mo. Rev. Stat. § 306.903 — MO Code / Chapter 306 / Section 306.903
306.903 Abandonment of boat dock, penalty — retrieval and disposal — identifying ...
Status: in_force

306.903. Abandonment of boat dock, penalty — retrieval and disposal — identifying information on dock required, when, penalty. — 1. Any person who abandons a boat dock and permits it to float freely without being moored upon lakes having at least nine hundred fifty miles of aggregate shoreline is guilty of an infraction, the penalty for which shall be a fine of not less than twenty-five dollars or more than one hundred dollars.

2. Any person who abandons a boat dock shall be responsible for the retrieval and disposal of such boat dock. Any person who violates subsection 1 of this section and who does not properly retrieve and dispose of such abandoned boat dock shall, upon a plea of guilty or a finding of guilt for such an offense, be ordered to reimburse the appropriate law enforcement agency, including the water patrol division, for the costs associated with the retrieval and disposal of the abandoned boat dock. The law enforcement agency may establish a schedule of such costs. However, the court may reduce the costs if it determines that the costs are excessive.

3. The water patrol division may accept gifts, grants, in-kind services and appropriations, and may enter into contracts with private or public entities for the enforcement and administration of this section.

4. Beginning January 1, 2010, any person owning a boat dock on lakes having at least nine hundred fifty miles of shoreline and lakes constructed or maintained by the United States Army Corps of Engineers except bodies of water owned by a person, corporation, association, partnership, municipality or other political subdivision, public water supply impoundments, and except drainage ditches construction by a drainage district, but not to include any body of water which has been leased to or owned by the state department of conservation shall display identifying information on the dock, including but not limited to, a permit number issued to the owner by an entity having authority to issue such identification or permit number and the appropriate 911 address or in the absence of a 911 system, the physical address nearest to the dock by land. Any person owning a boat dock on lakes having at least nine hundred fifty miles of aggregate shoreline who violates this subsection may be guilty of an infraction, the penalty for which shall not exceed twenty-five dollars.

(L. 1995 H.B. 217, A.L. 1997 H.B. 379, A.L. 2009 H.B. 103)
Mo. Rev. Stat. § 37.1093 — MO Code / Chapter 37 / Section 37.1093
37.1093 Record of expenditures — downloadable information.
Status: in_force

37.1093. Record of expenditures — downloadable information. — The Missouri local government expenditure database shall provide:

(1) A record of all expenditures; and

(2) The ability to download information.

(L. 2021 H.B. 271)
Mo. Rev. Stat. § 321.244 — MO Code / Chapter 321 / Section 321.244
321.244 Reduced tax levy may be increased to maximum limits, by elections, ballot form.
Status: in_force

321.244. Reduced tax levy may be increased to maximum limits, by elections, ballot form. — 1. Any fire protection district which has revised or reduced any levy which it has been authorized to impose under the provisions of section 321.225 , 321.240 , 321.241 , 321.243 , 321.246 , 321.610 , or 321.620 , under any provision of the constitution or laws of this state, may increase each such revised or reduced levy up to, but not in excess of, the maximum limits allowed under the section authorizing the rate of levy sought to be increased by submitting the following proposition to the voters of the district at any primary, general or special election:

2. If any of the propositions submitted under subsection 1 of this section is approved by a majority of the voters of the district voting thereon, the board of directors may increase the levy which was the subject of such proposition to the amount authorized by such proposition.

(L. 1986 H.B. 877, A.L. 1997 S.B. 21) Effective 7-07-97
Mo. Rev. Stat. § 274.070 — MO Code / Chapter 274 / Section 274.070
274.070 Articles of incorporation.
Status: in_force

274.070. Articles of incorporation. — 1. Each association formed under this chapter must prepare and file articles of incorporation, setting forth:

(1) The name of the association;

(2) The purposes for which it is formed;

(3) The place where its principal business will be transacted;

(4) The term for which it is to exist, which may be for any number of years or may be perpetual;

(5) The number of directors thereof, which must be not less than five and may be any number in excess thereof; the term of office of such directors; and the names and addresses of those who are to serve as incorporating directors for the first term, and until the election and qualification of their successors;

(6) Whether the property rights and interest of each member shall be equal or unequal; and if unequal, the general rule or rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed; provision for the admission of new members who shall be entitled to share in the property of the association with the old members, in accordance with such general rule or rules; the qualifications for membership, and if more than one class of membership is provided for, the number of directors to be elected by each class of membership. The provision or paragraph of the articles of incorporation shall not be altered, amended, or repealed except by the written consent or vote of three-fourths of the members voting thereon.

2. The articles must be subscribed by the incorporators and acknowledged by one of them before an officer authorized by the law of this state to take and certify acknowledgments of deeds and conveyances; and shall be filed in accordance with the provisions of the general corporation law of this state; and when so filed the said articles of incorporation, or certified copies thereof, shall be received in all the courts of this state and other places as prima facie evidence of the facts contained therein and of the due and legal incorporation of such association.

(RSMo 1939 § 14338, A.L. 1945 p. 78) Prior revision: 1929 § 12680
Mo. Rev. Stat. § 620.570 — MO Code / Chapter 620 / Section 620.570
620.570 Evaluation of programs — interagency cooperation — "Show-Me" employers.
Status: in_force

620.570. Evaluation of programs — interagency cooperation — "Show-Me" employers. — 1. The Missouri training and employment council, as established in section 620.523 , shall review and recommend criteria for evaluating project funding assistance, program criteria, and other requirements and priorities to be used by the division in the evaluation and monitoring of Missouri youth service and conservation corps projects.

2. The division shall work with the department of higher education and workforce development, the department of elementary and secondary education, all colleges, universities and lending institutions throughout the state to develop a system of academic credit, tuition grants and deferred loan repayment incentives for young adults who enroll and complete participation in corps programs. The division shall adopt rules under chapter 536 designed to implement any such incentive programs.

3. The division of workforce development of the department of economic development shall establish and promote the recruitment of "Show-Me Employers" which shall consist of Missouri-based corporations and businesses agreeing to interview, for entry-level jobs, participants successfully completing a youth corps program.

4. The division of workforce development of the department of economic development shall recognize and promote within the labor exchange system the youth service corps and the potential benefits of hiring participants who have successfully completed any of the corps' programs.

(L. 1990 H.B. 1653 § 22, A.L. 1994 H.B. 1248 & 1048, A.L. 2014 H.B. 1299 Revision)
Mo. Rev. Stat. § 347.090 — MO Code / Chapter 347 / Section 347.090
347.090 Reliance by authorized person upon information — discharge of duties.
Status: in_force

347.090. Reliance by authorized person upon information — discharge of duties. — 1. Unless he has knowledge concerning the matter in question that makes such reliance unwarranted, in discharging his duties under the operating agreement, an authorized person is entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, if prepared or presented by:

(1) One or more employees of the limited liability company whom such authorized person reasonably believes to be reliable and competent in the matters presented;

(2) Legal counsel, accountants, or other persons as to matters such authorized person reasonably believes are within such person's professional or expert competence; or

(3) A committee of managers or members of which he is not a constituent, if such authorized person reasonably believes that the committee merits confidence.

2. An authorized person is not liable for any action taken with respect to his duties under the operating agreement, or any failure to take such action, if he performs such duties in compliance with this section.

(L. 1993 S.B. 66 & 20 § 359.750) Effective 12-01-93
Mo. Rev. Stat. § 595.229 — MO Code / Chapter 595 / Section 595.229
595.229 Plea bargain, sentencing, victim's right to appear or make statement — ...
Status: in_force

595.229. Plea bargain, sentencing, victim's right to appear or make statement — notice to victim. — 1. Prior to the acceptance of a plea bargain by the court with respect to any person who has pled guilty to an offense after initially being charged with a felony, the court shall allow the victim of such offense to submit a written statement or appear before the court personally or by counsel for the purpose of making a statement. The statement shall relate solely to the facts of the case and any personal injuries or financial loss incurred by the victim. A member of the immediate family of the victim may appear personally or by counsel to make a statement if the victim has died or is otherwise unable to appear as a result of the offense committed by the defendant.

2. At the time of sentencing of any person who has pled guilty or been found guilty of a felony offense, the victim of such offense may appear before the court personally or by counsel for the purpose of making a statement or may submit a written statement. The statement shall relate solely to the facts of the case and any personal injuries or financial loss incurred by the victim. A member of the immediate family of the victim may appear personally or by counsel to make a statement if the victim has died or is otherwise unable to appear as a result of the offense committed by the defendant.

3. The prosecuting attorney shall inform the victim or shall inform a member of the immediate family of the victim if the victim is dead or otherwise is unable to make a statement as a result of the offense committed by the defendant of the right to make a statement pursuant to subsections 1 and 2 of this section. If the victim or member of the immediate family supplies a stamped, self-addressed envelope, the prosecutor shall send notice of the time and location that the court will hear the guilty plea or render sentence.

(L. 1986 S.B. 618 & 562 § 1, A.L. 2014 S.B. 491) Transferred 2014; formerly 557.041; Effective 1-01-17
Mo. Rev. Stat. § 340.276 — MO Code / Chapter 340 / Section 340.276
340.276 Injunctions, restraining orders, other orders, when, grounds — commencement ...
Status: in_force

340.276. Injunctions, restraining orders, other orders, when, grounds — commencement of action, where. — 1. Upon application by the board, and the necessary burden having been met, a court of general jurisdiction may grant an injunction, restraining order or other order as may be appropriate to enjoin a person from:

(1) Offering to engage or engaging in the performance of any acts or practice for which a license, certificate, permit or other authority is required by sections 340.200 to 340.330 upon a showing that such acts or practices were performed or offered to be performed * without a license, certificate, permit or other authority; or

(2) Engaging in any practice authorized by a license, certificate, permit or other authority issued pursuant to sections 340.200 to 340.330 upon a showing that the holder presents a substantial probability of serious danger to the health, safety or welfare of any resident of the state or client or patient of the licensee.

2. Any such action shall be commenced either in the county in which such conduct occurred or in the county where the defendant resides. Any action brought under this section shall be in addition to and not in lieu of any penalty or other discipline provided for by sections 340.200 to 340.330 and may be brought concurrently with other actions to enforce sections 340.200 to 340.330 .

(L. 1992 H.B. 878 § 38) *Words "to perform" appear in original rolls.
Mo. Rev. Stat. § 168.129 — MO Code / Chapter 168 / Section 168.129
168.129 Board member exempt from civil liability resulting from charges against ...
Status: in_force

168.129. Board member exempt from civil liability resulting from charges against teacher. — No member of a board of education or duly designated administrative officer of a board of education shall be liable in a civil action based on a statement of charges against a school teacher.

(L. 1969 p. 275 § 168.115)
Mo. Rev. Stat. § 173.125 — MO Code / Chapter 173 / Section 173.125
173.125 Dispute resolution requirements.
Status: in_force

173.125. Dispute resolution requirements. — As a condition of receiving state funds, every public institution of higher education shall agree to submit to binding dispute resolution with regard to disputes among public institutions of higher education that involve jurisdictional boundaries or the use or expenditure of any state resources whatsoever, as determined by the coordinating board. In all cases, the arbitrator shall be the commissioner of higher education or his or her designee, whose decision shall be binding on all parties. Any institution aggrieved by a decision of the commissioner may appeal such decision, in which instance the case shall be reviewed by the full coordinating board, at which time the full coordinating board shall have the authority to make a binding and final decision, by means of a majority vote, regarding the matter.

(L. 2007 S.B. 389)
Mo. Rev. Stat. § 469.908 — MO Code / Chapter 469 / Section 469.908
469.908 Prudent investor rule, standard.
Status: in_force

469.908. Prudent investor rule, standard. — The prudent investor rule imposes a standard of conduct, but does not contemplate a specific outcome or performance. Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight.

(L. 1996 H.B. 1432, A.L. 2004 H.B. 1511) Transferred 2004; formerly 456.908