FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 452.365 — MO Code / Chapter 452 / Section 452.365
452.365 Party failing to comply with decree, effect of.
Status: in_force

452.365. Party failing to comply with decree, effect of. — If a party fails to comply with a provision of a decree or temporary order or injunction, the obligation of the other party to make payments for support or maintenance or to permit visitation is not suspended but he may move the court to grant an appropriate order.

(L. 1973 H.B. 315 § 14) Effective 1-01-74
Mo. Rev. Stat. § 578.423 — MO Code / Chapter 578 / Section 578.423
578.423 Participating knowingly in criminal street gang activities, penalty.
Status: in_force

578.423. Participating knowingly in criminal street gang activities, penalty. — Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal street gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by gang members shall be guilty of a class B felony.

(L. 1993 H.B. 562 § 2 subsec. 1, A.L. 2019 H.B. 397, A.L. 2020 S.B. 600)
Mo. Rev. Stat. § 27.040 — MO Code / Chapter 27 / Section 27.040
27.040 Opinions to be given, when.
Status: in_force

27.040. Opinions to be given, when. — When required, he shall give his opinion, in writing, without fee, to the general assembly, or to either house, and to the governor, secretary of state, auditor, treasurer, commissioner of education, grain warehouse commissioner, director of the department of commerce and insurance, the director of the division of finance, and the head of any state department, or any circuit or prosecuting attorney upon any question of law relative to their respective offices or the discharge of their duties.

(RSMo 1939 § 12899) Prior revisions: 1929 § 11274; 1919 § 694; 1909 § 968 (1974) Opinions of the attorney general are entitled to no more weight than that given the opinion of any other competent attorney. Gershman Investment Corp. v. Danforth (Mo.), 517 S.W.2d 33.
Mo. Rev. Stat. § 660.115 — MO Code / Chapter 660 / Section 660.115
660.115 Utilicare payment, procedure.
Status: in_force

660.115. Utilicare payment, procedure. — 1. For each eligible household, an amount not exceeding eight hundred dollars for each fiscal year may be paid from the utilicare stabilization fund to the primary or secondary heating source supplier, or both, including suppliers of heating fuels, such as gas, electricity, wood, coal, propane and heating oil. For each eligible household, an amount not exceeding eight hundred dollars for each fiscal year may be paid from the utilicare stabilization fund to the primary or secondary cooling source supplier, or both; provided that the respective shares of overall funding previously received by primary and secondary heating and cooling source suppliers on behalf of their customers shall be substantially maintained.

2. For an eligible household, other than a household located in publicly owned or subsidized housing, an adult boarding facility, an intermediate care facility, a residential care facility * or a skilled nursing facility, whose members rent their dwelling and do not pay a supplier directly for the household's primary or secondary heating or cooling source, utilicare payments shall be paid directly to the head of the household, except that total payments shall not exceed eight percent of the household's annual rent or one hundred dollars, whichever is less.

(L. 1979 H.B. 545, et al. § 4, A.L. 1980 H.B. 1177, et al., A.L. 1997 S.B. 263, A.L. 2002 S.B. 810, A.L. 2008 S.B. 720) *Revisor's Note: The term "residential care facility" may include "assisted living facility", see section 198.005 regarding changes to name reference.
Mo. Rev. Stat. § 660.370 — MO Code / Chapter 660 / Section 660.370
660.370 Definitions.
Status: in_force

660.370. Definitions. — As used in sections 660.370 to 660.374 , unless the context requires otherwise, the following words and terms shall mean:

(1) "Community action agency" , a not-for-profit corporation which has authority under its charter and bylaws to receive funds to administer community action programs and which was officially designated as a community action agency or a community action program under the provisions of federal law Section 210 of the Economic Opportunity Act of 1964 for fiscal year 1981, unless such community action agency or a community action program lost its designation pursuant to the aforementioned act as a result of failure to comply with the provisions of such act;

(2) "Community action program" , a community based and operated program which includes an intake assessment and referral capability in each of its counties and is designed to include a number of projects or components to provide a range of services and activities having * a measurable and potentially major impact on causes and conditions of poverty in the community or those areas of the community where poverty is a particularly acute problem. These services and activities may include, but are not limited to, activities designed to provide opportunities for eligible persons to:

(a) Secure and retain meaningful employment;

(b) Attain an adequate education;

(c) Make better use of available income;

(d) Obtain and maintain adequate housing and suitable living environment;

(e) Obtain emergency assistance through grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing and employment related assistance;

(f) Maximize the role community action agencies play in supportive mechanisms available to Missouri families;

(g) Remove obstacles and solve problems which block the achievement of self-sufficiency;

(h) Achieve greater participation in the affairs of the community; and

(i) Make more effective use of other programs.

(L. 1984 S.B. 564 § 1) *Word "have" appears in original rolls.
Mo. Rev. Stat. § 444.358 — MO Code / Chapter 444 / Section 444.358
444.358 Permit required, when.
Status: in_force

444.358. Permit required, when. — No later than six months after August 28, 1989, for active metallic minerals waste management areas presently operating under a National Pollutant Discharge Elimination System (NPDES) permit, or dam safety registration, or both, or within ninety days after filing an application for an NPDES construction permit or dam safety construction permit, whichever is applied for first, the operator shall apply to the director for a metallic minerals waste management area permit. The application shall contain, but is not limited to, a schedule and plan for closure and inspection-maintenance of the waste management area, which is to be implemented when the useful operating life of the waste management area is complete or when there is permanent cessation of the operation.

(L. 1989 H.B. 321 § 4)
Mo. Rev. Stat. § 359.031 — MO Code / Chapter 359 / Section 359.031
359.031 Reservation of right to exclusive use of name.
Status: in_force

359.031. Reservation of right to exclusive use of name. — 1. The exclusive right to the use of a name may be reserved by:

(1) Any person intending to organize a limited partnership under this chapter and to adopt that name;

(2) Any domestic limited partnership or any foreign limited partnership registered in this state which, in either case, intends to adopt that name;

(3) Any foreign limited partnership intending to register in this state and adopt that name; and

(4) Any person intending to organize a foreign limited partnership and intending to have it register in this state and adopt that name.

2. The reservation shall be made by filing with the secretary of state an application, in a form prescribed by the secretary of state, executed by the applicant, to reserve a specified name. If the secretary of state finds that the name is not registered with the secretary of state as a fictitious name pursuant to section 417.210 , as a corporation name or a limited partnership name, the secretary of state shall reserve the name for the exclusive use of the applicant for a period of sixty days. A name reservation shall not exceed a period of one hundred eighty days from the date of the first name reservation application. Upon the one hundred eighty-first day the name shall cease reserve status and shall not be placed back in such status. The right to the exclusive use of a reserved name may be transferred to any other person by filing in the office of the secretary of state a notice of the transfer, executed by the applicant for whom the name was reserved and specifying the name and address of the transferee.

(L. 1985 H.B. 512 & 650, A.L. 2004 H.B. 1664)
Mo. Rev. Stat. § 143.881 — MO Code / Chapter 143 / Section 143.881
143.881 Transferees.
Status: in_force

143.881. Transferees. — 1. The liability at law or in equity, of a transferee of property of a taxpayer for any tax, addition to tax, penalty, or interest due under sections 143.011 to 143.996 , shall be assessed, paid and collected in the same manner and subject to the same provisions and limitations as in the case of the tax to which the liability relates except as hereinafter provided in this section. The term "transferee" includes donee, heir, legatee, devisee, and distributee.

2. In the case of the liability of an initial transferee, the period of limitation for assessment of any liability expires one year after the expiration of period of limitation against the transferor; in the case of the liability * of a transferee * of a transferee, it expires one year after the expiration of the period of limitation against the preceding transferee, but not more than three years after the expiration of the period of limitation for assessment against the original transferor.

3. If before the expiration of the time provided in this section for the assessment of the liability the director of revenue and the transferee have consented in writing to its assessment after such time, the liability may be assessed at any time prior to the expiration of the period agreed upon or an extension thereof. For the purpose of determining the period of limitation on credit or refund to the transferee of overpayments of tax made by the transferor of which the transferee is legally entitled to credit or refund, such agreement and any extension thereof shall be deemed an agreement or extension referred to in subsection 3 of section 143.801 . If the agreement is executed after the expiration of the period of limitation for assessment against the taxpayer with reference to whom the liability of such transferee arises, then in applying the limitations under subsection 2 of section 143.801 on the amount of the credit or refund, the periods specified in subsection 1 of section 143.801 shall be increased by the period from the date of such expiration to the date of the agreement.

4. If any person is deceased, the period of limitation for assessment against such person shall be the period that would be in effect had death not occurred.

(L. 1972 S.B. 549) Effective 1-1-73, see § 143.109 *....* This language appears in original rolls twice.
Mo. Rev. Stat. § 196.979 — MO Code / Chapter 196 / Section 196.979
196.979 Donation of prescription drugs to the program, procedure — distribution to ...
Status: in_force

196.979. Donation of prescription drugs to the program, procedure — distribution to out-of-state charitable repositories, when. — 1. Any person, including but not limited to a prescription drug manufacturer or health care facility, may donate prescription drugs to the prescription drug repository program. The drugs shall be donated at a pharmacy, hospital, or nonprofit clinic that elects to participate in the prescription drug repository program and meets the criteria for participation established by rule of the department pursuant to section 196.984 . Participation in the program by pharmacies, hospitals, and nonprofit clinics shall be voluntary. Nothing in sections 196.970 to 196.984 shall require any pharmacy, hospital, or nonprofit clinic to participate in the program.

2. A pharmacy, hospital, or nonprofit clinic which meets the eligibility requirements established in section 196.984 may dispense prescription drugs donated under the program to persons who are residents of Missouri and who meet the eligibility requirements of the program, or to other governmental entities and nonprofit private entities to be dispensed to persons who meet the eligibility requirements of the program. A prescription drug shall be dispensed only pursuant to a prescription issued by a health care professional who is authorized by statute to prescribe drugs. A pharmacy, hospital, or nonprofit clinic which accepts donated prescription drugs shall comply with all applicable federal and state laws dealing with the storage and distribution of dangerous drugs and shall inspect all prescription drugs prior to dispensing the prescription drugs to determine that they are not adulterated as described in section 196.095 . The pharmacy, hospital, or nonprofit clinic may charge persons receiving donated prescription drugs a handling fee, not to exceed a maximum of two hundred percent of the Medicaid dispensing fee, established by rule of the department promulgated pursuant to section 196.984 . Prescription drugs donated to the program shall not be resold. Any individual who knowingly resells any donated prescription drugs pursuant to sections 196.970 to 196.984 shall be guilty of a class E felony.

3. Drugs donated under this section that are not used or accepted by any pharmacy, hospital, or nonprofit clinic in this state may be distributed to out-of-state charitable repositories for use outside of this state. Such donated drugs may be repackaged in a manner appropriate for distribution by participating pharmacies, hospitals, and nonprofit clinics.

(L. 2004 S.B. 1160, A.L. 2006 H.B. 1687, A.L. 2014 S.B. 491) Effective 1-01-17
Mo. Rev. Stat. § 57.380 — MO Code / Chapter 57 / Section 57.380
57.380 Collection of fees in civil and criminal matters, disposition (second class ...
Status: in_force

57.380. Collection of fees in civil and criminal matters, disposition (second class counties). — The sheriff in all counties of the second class shall charge, collect and receive, on behalf of the county, every fee, penalty, charge, commission and other money that accrues to him or his office for official services rendered in civil and criminal matters, by virtue of any statute of this state, and all the fees, penalties, charges, commissions, and other money collected by him, shall at the end of each month be paid by him to the county treasurer, as provided in section 50.360 . He is not entitled to collect the per diem allowed to the sheriff as a member of the board of equalization and board of appeals, as provided in section 138.020 .

(RSMo 1939 §§ 13483, 13484, A.L. 1945 p. 1569 §§ 3, 4, A.L. 1959 S.B. 68, A.L. 1972 S.B. 598) Prior revisions: 1929 §§ 11851, 11852; 1919 §§ 11059, 11060
Mo. Rev. Stat. § 198.360 — MO Code / Chapter 198 / Section 198.360
198.360 Dissolution of district.
Status: in_force

198.360. Dissolution of district. — In any nursing home district created under the provisions of sections 198.200 to 198.350 which is not operating a nursing home, and in which the voters of the district have on three separate occasions refused to approve a bond issue for the construction of a nursing home, or in which the voters of the district have not approved a bond issue for the construction of a nursing home within three years after the establishment of the district, the board of that district shall submit to the voters the proposition of the dissolution of the district. If a majority of the voters approve the dissolution, the district shall be dissolved and any tax money in the treasury shall be paid into the general revenue fund of the county or counties in which the district is located, in the same proportion as the proportion of the valuation of the district in each county is to the total valuation of the district.

(L. 1969 p. 304 § 1, A.L. 1971 S.B. 158, A.L. 1973 H.B. 364, A.L. 1978 H.B. 1208)
Mo. Rev. Stat. § 165.301 — MO Code / Chapter 165 / Section 165.301
165.301 Selection of depositaries in metropolitan districts.
Status: in_force

165.301. Selection of depositaries in metropolitan districts. — 1. Subject to the provisions of section 110.030 , the board of education in each metropolitan district shall at least once every five years advertise for bids from the banking institutions in the city for the deposits of the board of education to be secured as provided in sections 110.010 and 110.020 . The bids shall specify the rate of interest to be allowed to the board on the deposits and the nature of the security offered. The deposits shall be awarded to the banking institutions that offer, with the required security, the highest rate of interest therefor. The board may select as many depositaries for its deposits as it deems necessary and the board shall cause contracts to be made with the banking institutions receiving award of deposits. The board shall cause all funds received to be paid into the designated depositaries, allocating funds to the depositaries, if more than one depositary has been designated, as the board deems proper.

2. The president of the board immediately after the selection of the depositary or depositaries of the school moneys shall notify the treasurer of the state of Missouri and the collector of school taxes in the city of the name of the depositary to which they are to make all payments of money apportioned, belonging to or distributed to the board; and the officers upon making deposits shall take from the depositary duplicate receipts therefor, one of which shall be retained by the officer making the deposits and one delivered to the treasurer of the board.

(L. 1963 p. 200 § 6-30, A.L. 1967 p. 238, A.L. 1980 S.B. 733, A.L. 2004 S.B. 968 and S.B. 969) (Source: RSMo 1959 § 165.610)
Mo. Rev. Stat. § 476.290 — MO Code / Chapter 476 / Section 476.290
476.290 Judges not to practice law — exception, municipal judges.
Status: in_force

476.290. Judges not to practice law — exception, municipal judges. — No judge, except a part-time municipal judge, shall practice or act as counselor or attorney in any court within this state nor shall any clerk or deputy clerk, while he continues to act as such, plead, practice or act as counselor or attorney in any court within the county for which he is such clerk or deputy clerk, in his own name or in the name of any other person, under any pretense whatever.

(RSMo 1939 § 2024, A. 1949 S.B. 1138, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 1860; 1919 § 2355; 1909 § 3877 Effective 1-02-79 CROSS REFERENCE: Judges not to practice law or do law business, Const. Art. V § 20 (1962) Trial court did not err in overruling motion to deny assistant prosecuting attorney right to further appear in prosecution for second degree murder where at the time he had signed and filed information he was also clerk of magistrate court but had resigned before trial time. Oral motion to strike and quash information was not preserved in motion for new trial and not before appellate court. State v. Gray (Mo.), 360 S.W.2d 642. (1986) This section does not prohibit an attorney on the circuit clerk's staff from giving the circuit clerk legal advice. Bauer v. Bosley, 802 F.2d 1058 (8th Cir.).
Mo. Rev. Stat. § 566.061 — MO Code / Chapter 566 / Section 566.061
566.061 Sodomy in the second degree, penalty.
Status: in_force

566.061. Sodomy in the second degree, penalty. — 1. A person commits the offense of sodomy in the second degree if he or she has deviate sexual intercourse with another person knowing that he or she does so without that person's consent.

2. The offense of sodomy in the second degree is a class D felony.

(L. 1977 S.B. 60, A.L. 1994 S.B. 693, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491) Effective 1-01-17 Transferred 2013; formerly 566.070 CROSS REFERENCE: Child sexual abuse, action for civil damages may be brought, when, 537.046
Mo. Rev. Stat. § 140.540 — MO Code / Chapter 140 / Section 140.540
140.540 Invalidity of sale — refund of purchase money — tolling of statute.
Status: in_force

140.540. Invalidity of sale — refund of purchase money — tolling of statute. — 1. Whenever the county collector shall discover, prior to the conveyance of any lands sold for taxes, that the sale was for any cause whatever, invalid, he shall not convey such lands; but the purchase money and the interest thereon shall be refunded out of the county treasury to the purchaser, his representatives or assigns, on the order of the county commission.

2. Such invalid sale shall suspend for the period intervening between the date of the sale and the discovery of its invalidity the running of the statute of limitations.

3. In such cases the county collector shall make an entry opposite to such tracts or lots in the record of certificates of purchase issued or redemption record that the same was erroneously sold, and the cause of invalidity, and such entry shall be prima facie evidence of fact therein stated. He shall notify the county clerk of such action, whose duty it shall be to make a like entry upon his sale record.

(RSMo 1939 § 11155)
Mo. Rev. Stat. § 254.110 — MO Code / Chapter 254 / Section 254.110
254.110 Compensatory payments to counties.
Status: in_force

254.110. Compensatory payments to counties. — 1. The commission shall determine as of January first of each year the number of acres of privately owned forest cropland which has been accepted in each county under this chapter. The commission shall pay to each county in which these lands are situated a certain sum from the conservation commission fund as a grant in lieu of taxes, this sum to be set by the commission at not less than fifty cents per acre per year for each acre so accepted.

2. The grants in lieu of taxes so received by the respective counties shall be placed in the general revenue fund of each such county.

3. The commission shall annually certify to the commissioner of administration and the state auditor the amount payable to each county and the treasurer is authorized to pay, and, after appropriations are made as provided in this section, such amounts shall be paid to such counties on or before the first day of January following. This section shall not be retroactive.

(L. 1945 p. 672 § 10, A.L. 1955 p. 316, A.L. 1957 p. 311, A.L. 1965 p. 388, A.L. 1974 H.B. 1210, A.L. 1981 H.B. 308)
Mo. Rev. Stat. § 339.125 — MO Code / Chapter 339 / Section 339.125
339.125 Rulemaking procedure.
Status: in_force

339.125. Rulemaking procedure. — No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024 .

(L. 1993 S.B. 18, A.L. 1995 S.B. 3)