FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 701.038 — MO Code / Chapter 701 / Section 701.038
701.038 Sewage complaints, investigation by department, when — right to inspect ...
Status: in_force

701.038. Sewage complaints, investigation by department, when — right to inspect adjoining property, procedure requiring notice, exception. — 1. The department of health and senior services or any of its agents may not investigate a sewage complaint except when necessary as part of a communicable disease investigation unless the complaint is received from an aggrieved party or an adjacent landowner. The department of health and senior services or any of its agents may enter any adjoining property if necessary when they are making an inspection pursuant to this section. The necessity for entering such adjoining property shall be stated in writing and the owner of such property shall be notified before the department or any of its agents may enter, except that, if an imminent health hazard exists, such notification shall be attempted but is not required.

2. If the department or its agents make an investigation pursuant to a complaint as described in subsection 1 of this section and find that a nuisance does exist, the property owner shall comply with state and local standards when repairing or replacing the on-site sewage disposal system.

(L. 1994 S.B. 446, A.L. 2004 H.B. 1433, A.L. 2005 H.B. 58 merged with H.B. 617)
Mo. Rev. Stat. § 408.595 — MO Code / Chapter 408 / Section 408.595
408.595 Financial institutions to make other annual report, contents.
Status: in_force

408.595. Financial institutions to make other annual report, contents. — Not later than sixty days following the close of each fiscal year, every state financial institution which accepts savings deposits shall certify to the appropriate division director the total savings deposits of the institution accepted by the institution in the state of Missouri as of the close of the fiscal year, and the total amount of the institution's investments in loans, other than loans originated in the state of Missouri and in negotiable instruments other than loans.

(L. 1979 S.B. 305) Effective 1-01-80
Mo. Rev. Stat. § 170.028 — MO Code / Chapter 170 / Section 170.028
170.028 Industry certifications, professional licenses, and occupational competency ...
Status: in_force

170.028. Industry certifications, professional licenses, and occupational competency assessments — council to have list, use of — department duties. — 1. For purposes of this section, the following terms mean:

(1) "Council" , the career and technical education advisory council established under section 178.550 ;

(2) "Industry certification" , a full certification from a recognized industry, trade, or professional association validating essential skills of a particular occupation, which may include, but shall not be limited to:

(a) Any certification related to a high-demand occupation as described by the Missouri economic research and information center (MERIC); and

(b) Perkins Technical Skills Assessment;

(3) "Occupational competency assessment" , a national standardized assessment of skills and knowledge in a specific career or technical area, which may include, but shall not be limited to, assessments offered by the National Occupational Competency Testing Institute (NOCTI).

2. The council shall annually review, update, approve, and recommend a list of industry certifications, state-issued professional licenses, and occupational competency assessments.

3. A school district may use the list described under subsection 2 of this section as a resource in establishing programs of study that meet the district's regional workforce needs under section 170.029 .

4. The department of elementary and secondary education shall identify any provider of a course that:

(1) Includes a Perkins Technical Skills Assessment that leads to an industry-recognized credential that meets requirements related to college and career readiness under the Missouri school improvement program; and

(2) Is recommended for college credit by a nationally recognized body that provides course equivalency information to facilitate decisions on the awarding of course credit.

5. (1) At least annually, the department of elementary and secondary education shall provide the council with a list of all course providers identified under subsection 4 of this section. The council may recommend to the department of elementary and secondary education that agreements described under subdivision (2) of this subsection be entered into with one or more course providers identified in the list.

(2) The department of elementary and secondary education may enter into an agreement with a course provider recommended by the council that governs the conditions under which school districts and local educational agencies contract with the course provider.

(3) Any school district or local educational agency may contract with a course provider recommended by the council to design or deliver career and technical education programs described under section 170.029 .

(L. 2018 H.B. 1415)
Mo. Rev. Stat. § 359.461 — MO Code / Chapter 359 / Section 359.461
359.461 Judicial dissolution — who may request — granted when.
Status: in_force

359.461. Judicial dissolution — who may request — granted when. — On application by or for a partner, the circuit court of the county of the principal place of business or of the registered office of the limited partnership may decree dissolution of a limited partnership whenever it is not reasonably practicable to carry on the business in conformity with the partnership agreement.

(L. 1985 H.B. 512 & 650) Effective 1-01-87
Mo. Rev. Stat. § 56.087 — MO Code / Chapter 56 / Section 56.087
56.087 Dismissal of complaints, information, indictments, or counts by prosecuting ...
Status: in_force

56.087. Dismissal of complaints, information, indictments, or counts by prosecuting or circuit attorneys without consent of the court — procedure. — 1. The prosecuting or circuit attorney has the power, in his or her discretion, to dismiss a complaint, information, or indictment, or any count or counts thereof, and in order to exercise that power it is not necessary for the prosecutor or circuit attorney to obtain the consent of the court. The dismissal may be made orally by the prosecuting or circuit attorney in open court, or by a written statement of the dismissal signed by the prosecuting or circuit attorney and filed with the clerk of court .

2. A dismissal filed by the prosecuting or circuit attorney prior to the time double jeopardy has attached is without prejudice. A dismissal filed by the prosecuting or circuit attorney after double jeopardy has attached is with prejudice, unless the criminal defendant has consented to having the case dismissed without prejudice.

3. A dismissal without prejudice means that the prosecutor or circuit attorney has complete discretion to refile the case, as long as it is refiled within the time specified by the applicable statute of limitations. A dismissal with prejudice means that the prosecutor or circuit attorney cannot refile the case.

4. For the purposes of this section, double jeopardy attaches in a jury trial when the jury has been impaneled and sworn. It attaches in a court-tried case when the court begins to hear evidence.

(L. 2006 H.B. 1858)
Mo. Rev. Stat. § 92.012 — MO Code / Chapter 92 / Section 92.012
92.012 Sewer lateral lines connected to public lines, fee added to general tax ...
Status: in_force

92.012. Sewer lateral lines connected to public lines, fee added to general tax levy bill (St. Louis). — 1. Notwithstanding any other provision of law to the contrary, the collector of revenue in the city of St. Louis, who now or hereafter collects any fee to provide for, ensure or guarantee the repair of lateral sewer lines connected to public sewer lines, may add such fee to the general tax levy bills of property owners within the city. All revenues received on such combined bill which are for the purpose of providing for, ensuring or guaranteeing the repair of lateral sewer lines, shall be separated from all other revenues so collected and credited to the appropriate fund or account.

2. The collector of revenue in the city of St. Louis may collect such fee in the same manner and to the same extent as he now or hereafter may collect delinquent real estate taxes and tax bills.

(L. 1992 H.B. 973 § 1)
Mo. Rev. Stat. § 354.656 — MO Code / Chapter 354 / Section 354.656
354.656 Inclusion of essential community providers in health care network, exceptions.
Status: in_force

354.656. Inclusion of essential community providers in health care network, exceptions. — 1. Any health care insurer offering or marketing a group policy, plan or contract for health care services in an area designated pursuant to subdivision (4) or (5) of section 354.650 shall allow each essential community provider in such designated area to submit an application to such health care insurer and provide a copy of the letter of designation as provided in section 354.654 . No health care insurer shall be required to offer a provider contract to an essential community provider. The department of health and senior services shall receive any application submitted and certify, if qualified; except that the department shall only issue the first one thousand certificates for application to health maintenance organizations.

2. The name of each essential community provider shall appear in publications distributed to consumers or enrollees of the policy, plan or contract of all network model managed care plans if the essential community provider is a participating primary care physician.

3. Nothing in this section shall be construed to limit the ability of a health care insurer to terminate the contract of any physician for cause.

4. The requirements of this section shall not apply to a health care insurer that is a medical group/staff model health maintenance organization that provides services to its enrollees through facilities that are owned or operated by the health maintenance organization.

(L. 1998 H.B. 1302 § 4)
Mo. Rev. Stat. § 193.185 — MO Code / Chapter 193 / Section 193.185
193.185 Marriage report — certification.
Status: in_force

193.185. Marriage report — certification. — 1. A report of each marriage performed in this state shall be filed with the department and shall be registered if it has been completed and filed in accordance with this section.

2. The official who issues the marriage license shall prepare the report on the form prescribed and furnished by the state registrar upon the basis of information obtained from one of the parties to be married.

3. Each person who performs a marriage shall certify the fact of marriage and return the license to the official who issued the license within fifteen days after the ceremony. This license shall be signed by the witnesses to the ceremony. A marriage certificate shall be given to the parties.

4. Every official issuing marriage licenses shall complete and forward to the department on or before the fifteenth day of each calendar month the reports of marriages returned to such official during the preceding calendar month.

(L. 1984 S.B. 574, A.L. 2001 H.B. 157)
Mo. Rev. Stat. § 115.413 — MO Code / Chapter 115 / Section 115.413
115.413 Secretary of state to furnish election authorities election laws pamphlets, ...
Status: in_force

115.413. Secretary of state to furnish election authorities election laws pamphlets, each polling place to have a copy — instructions to election judges may be furnished. — 1. Not later than the tenth day prior to each presidential election, and more often if necessary, the secretary of state shall furnish to each election authority a sufficient number of printed pamphlets containing the provisions of the constitution and laws of the state relating to elections. Each election authority shall carefully preserve the pamphlets in its office. At least one copy shall be provided by each election authority to each polling place in its jurisdiction at each election. After each election, all such pamphlets shall be returned to the office of the election authority with the election supplies.

2. The secretary of state may also publish instructions to election judges for distribution by election authorities to election judges.

(L. 1977 H.B. 101 § 11.013) Effective 1-01-78
Mo. Rev. Stat. § 104.1060 — MO Code / Chapter 104 / Section 104.1060
104.1060 Erroneous amount paid, correction — penalty for falsification — ...
Status: in_force

104.1060. Erroneous amount paid, correction — penalty for falsification — disqualification from receipt of payments, when. — 1. Should any error result in any person receiving more or less than the person would have been entitled to receive had the error not occurred, the board shall correct such error, and, as far as practicable, to recover any overpayments, may accept single sum or installment repayments or make future payments in such a manner that the actuarial equivalent of the annuity to which such person was entitled shall be paid. In all cases in which such error has been made, no such error shall be corrected unless the system discovers or is notified of such error within ten years after the member's annuity starting date or the date of error, whichever occurs later. In cases of fraud, any error discovered shall be corrected without concern to the amount of time that has passed.

2. A person who knowingly makes a false statement, or falsifies or permits to be falsified a record of the system, in an attempt to defraud the system shall be subject to fine or imprisonment under the Missouri revised statutes.

3. A board shall not pay an annuity to any survivor or beneficiary who is charged with the intentional killing of a member, retiree or survivor without legal excuse or justification. A survivor or beneficiary who is convicted of such charge shall no longer be entitled to receive an annuity. If the survivor or beneficiary is not convicted of such charge, the board shall resume annuity payments and shall pay the survivor or beneficiary any annuity payments that were suspended pending resolution of such charge.

(L. 1999 S.B. 308 & 314, A.L. 2013 H.B. 233, A.L. 2023 S.B. 20 merged with S.B. 75, A.L. 2026 S.B. 1572)
Mo. Rev. Stat. § 260.1015 — MO Code / Chapter 260 / Section 260.1015
260.1015 Use of real property subject to zoning laws and recorded instruments.
Status: in_force

260.1015. Use of real property subject to zoning laws and recorded instruments. — Sections 260.1000 to 260.1039 shall not authorize a use of real property that is otherwise prohibited by zoning, by law other than sections 260.1000 to 260.1039 regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by laws other than sections 260.1000 to 260.1039 .

(L. 2007 S.B. 54) Effective 1-01-08
Mo. Rev. Stat. § 411.701 — MO Code / Chapter 411 / Section 411.701
411.701 Director may contract with federal agencies.
Status: in_force

411.701. Director may contract with federal agencies. — 1. The director of the Missouri department of agriculture is authorized and empowered to enter into contracts and agreements necessary to cooperate with the Commodity Credit Corporation, a public corporation organized under the laws of the United States, or other federal agencies to make uniform the procedures followed in examining state licensed public warehouses and to make available to the Commodity Credit Corporation or other federal agencies the information acquired under such examining procedures by state warehouse examiners.

2. The contracts may provide for reimbursement of the Missouri grain warehouse division by the Commodity Credit Corporation for the services so performed and furnished, and any money received pursuant to the terms of the contracts shall be paid to the director of revenue and thereupon deposited into the state treasury to the credit of the agricultural fees fund.

(L. 1965 p. 606)
Mo. Rev. Stat. § 414.365 — MO Code / Chapter 414 / Section 414.365
414.365 Program established for biodiesel fuel use in MoDOT vehicles, goals, rules.
Status: in_force

414.365. Program established for biodiesel fuel use in MoDOT vehicles, goals, rules. — 1. As used in this section, the following terms mean:

(1) "B-20" , a blend of twenty percent by volume biodiesel fuel and eighty percent by volume petroleum-based diesel fuel;

(2) "Biodiesel" , fuel as defined in ASTM standard PS121;

(3) "Incremental cost" , the difference in cost between blended biodiesel fuel and conventional petroleum-based diesel fuel at the time the blended biodiesel fuel is purchased.

2. On or before October 1, 2003, the Missouri department of transportation shall develop a program that provides for the opportunity to use fuel with at least the biodiesel content of B-20 in its vehicle fleet and heavy equipment that use diesel fuel. Such program shall have the following goals, provided that such program and goals do not prohibit the department from generating and selling EPAct credits pursuant to section 414.407 :

(1) On or before July 1, 2004, at least fifty percent of the department's vehicle fleet and heavy equipment that use diesel fuel shall use fuel with at least the biodiesel content of B-20, if such fuel is commercially available;

(2) On or before July 1, 2005, at least seventy-five percent of the department's vehicle fleet and heavy equipment that use diesel fuel shall use fuel with at least the biodiesel content of B-20, if such fuel is commercially available.

3. The blended biodiesel fuel shall be presumed to be commercially available if the incremental cost of such fuel is not more than twenty-five cents.

4. Nothing in this section is intended to create a state requirement for biodiesel fuel use in excess of the requirements of the federal National Energy Policy Act of 1992, Pub.L. 102-486; 42 U.S.C. 13251, 13257(o).

5. To the maximum extent practicable, the department shall obtain funding for the incremental cost of the blended biodiesel fuel from the biodiesel fuel revolving fund established in section 414.407 .

6. The director of the Missouri department of transportation may promulgate any rules necessary to carry out the provisions of this section. No rule or portion of a rule promulgated pursuant to this section shall take effect unless it has been promulgated pursuant to chapter 536 .

(L. 2002 S.B. 984 & 985)
Mo. Rev. Stat. § 404.016 — MO Code / Chapter 404 / Section 404.016
404.016 Future transfers of property are revocable by donor, exception.
Status: in_force

404.016. Future transfers of property are revocable by donor, exception. — A provision in a will, trust, power of appointment, benefit plan, life or endowment insurance policy, annuity or other contract, or a pay or transfer on death direction, for a transfer of property to be made in the future to a custodian for a minor, made by a donor in the manner prescribed in subdivision (4) of subsection 1 of section 404.047 , remains revocable by the donor until the property becomes transferable in accordance with the terms of the governing instrument to the minor or a custodian for the minor under sections 404.005 to 404.094 , unless expressly made irrevocable at the time provision for the gift is made or subsequently.

(L. 1985 S.B. 35, et al. § 2 subsec. 3)
Mo. Rev. Stat. § 79.235 — MO Code / Chapter 79 / Section 79.235
79.235 Appointment of nonelected board members by mayor, when, certain cities.
Status: in_force

79.235. Appointment of nonelected board members by mayor, when, certain cities. — 1. Notwithstanding any other provision of law to the contrary, for any city of the fourth classification with fewer than three thousand inhabitants, if a statute or ordinance authorizes the mayor of such city to appoint a member of a nonelected board or commission, any requirement that the appointed person be a resident of the city shall be deemed satisfied if the person owns real property or a business in the city, regardless of whether the position to which the appointment is made is considered an officer of the city under section 79.250 .

2. Notwithstanding any other provision of law to the contrary, for any city of the fourth classification with fewer than three thousand inhabitants, if a statute or ordinance authorizes the mayor of such city to appoint a member of a nonelected board that manages a municipal utility of the city, any requirement that the appointed person be a resident of the city shall be deemed satisfied if all of the following conditions are met:

(1) The board has no authority to set utility rates or to issue bonds;

(2) The person resides within five miles of the city limits;

(3) The person owns real property or a business in the city;

(4) The person or the person's business is a customer of a public utility, as described under section 91.450 , managed by the board; and

(5) The person has no pecuniary interest in, and is not an employee or board member of, any utility or other entity that offers the same kind of service as the utility managed by the board.

3. The provisions of this section shall not apply to any city within a county with more than one million inhabitants.

(L. 2025 H.B. 199)
Mo. Rev. Stat. § 630.455 — MO Code / Chapter 630 / Section 630.455
630.455 Attorney general to seek restitution for department.
Status: in_force

630.455. Attorney general to seek restitution for department. — The attorney general shall represent the department to seek restitution of any moneys dispensed under this chapter which have been misappropriated, fraudulently obtained or overpaid.

(L. 1980 H.B. 1724)
Mo. Rev. Stat. § 247.320 — MO Code / Chapter 247 / Section 247.320
247.320 Protesting petition, where filed, contents.
Status: in_force

247.320. Protesting petition, where filed, contents. — Any time after the filing of a petition for the organization of a district and before the day fixed for the hearing thereon, a petition may be filed in the office of the circuit clerk, wherein the petition for the organization of such district is pending, protesting against the creation of the proposed district. Such protesting petition shall be signed and filed by or on behalf of one or more voters of the district, and shall recite wherein the incorporation of the district will not promote the purposes as set forth in the original petition, or wherein sufficient facts have not been related to justify the incorporation of such district, and any other facts which may be useful to the court in determining whether or not such original petition shall be allowed.

(L. 1949 p. 350 § 9, A.L. 1978 H.B. 971)