FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 552.010 — MO Code / Chapter 552 / Section 552.010
552.010 Mental disease or defect defined.
Status: in_force

552.010. Mental disease or defect defined. — The terms "mental disease or defect" include congenital and traumatic mental conditions as well as disease. They do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct, whether or not such abnormality may be included under mental illness, mental disease or defect in some classifications of mental abnormality or disorder. The terms "mental disease or defect" do not include alcoholism without psychosis or drug abuse without psychosis or an abnormality manifested only by criminal sexual psychopathy as defined in section 202.700 , nor shall anything in this chapter be construed to repeal or modify the provisions of sections 202.700 to 202.770 .

(L. 1963 p. 674 § 1, A.L. 1969 p. 572) (1965) This section's use of the term "mental disease or defect" was not intended to designate any specific form or forms or medical classification of mental disease, but merely means a mind sufficiently disordered to cause the results indicated. State v. Garrett (Mo.), 391 S.W.2d 235. (1975) Proper lay or medical testimony of drug addiction is admissible to show extenuating or mitigating circumstances during parole revocation. Reiter v. Camp (A.), 518 S.W.2d 82. (1978) Loss of memory due to physical injury prevented defendant from assisting in his defense and even though he understood proceedings against him, he could not be tried. State ex rel. Sisco v. Buford (Mo.), 559 S.W.2d 747.
Mo. Rev. Stat. § 260.950 — MO Code / Chapter 260 / Section 260.950
260.950 Judicial review.
Status: in_force

260.950. Judicial review. — 1. All final orders and determinations of the commission or the department made pursuant to the provisions of sections 260.900 to 260.960 are subject to judicial review pursuant to the provisions of chapter 536 . All final orders and determinations shall be deemed administrative decisions as that term is defined in chapter 536 ; provided that, no judicial review shall be available, unless all administrative remedies are exhausted.

2. In any suit filed pursuant to section 536.050 concerning the validity of the commission's or department's standards, rules or regulations, the court shall review the record made before the commission or department to determine the validity and such reasonableness of such standards, rules or regulations and may hear such additional evidence as it deems necessary.

(L. 2000 S.B. 577) Expires 8-28-17; see § 260.965
Mo. Rev. Stat. § 407.957 — MO Code / Chapter 407 / Section 407.957
407.957 Nonconformity not repaired within reasonable time, options of consumer.
Status: in_force

407.957. Nonconformity not repaired within reasonable time, options of consumer. — 1. If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out the requirement set forth under subsection 2 of this section.

2. If, after a reasonable attempt to repair, the nonconformity is not repaired, then at the direction of a consumer described under paragraph (a), (b), or (c) of subdivision (5) of section 407.950 , the manufacturer shall do one of the following:

(1) Accept return of the assistive device and replace the assistive device with a comparable new assistive device and refund any collateral costs;

(2) Accept return of the assistive device and refund to the consumer and to any holder of a perfected security interest in the consumer's assistive device, as their interest may appear, the full purchase price plus any finance charge amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use. A reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the assistive device by a fraction, the denominator of which is one thousand eight hundred twenty-five and the numerator of which is the number of days that the assistive device was used before the consumer first reported the nonconformity to the assistive device dealer;

(3) With respect to a consumer described under paragraph (d) of subdivision (5) of section 407.950 , accept return of the assistive device, refund to the assistive device lessor and to any holder of a perfected security interest in the assistive device, as their interest may appear, the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use.

(L. 1995 H.B. 333 § 1 subsecs. 4, 5)
Mo. Rev. Stat. § 375.1045 — MO Code / Chapter 375 / Section 375.1045
375.1045 Report of findings of accountant to insurer, contents.
Status: in_force

375.1045. Report of findings of accountant to insurer, contents. — 1. The insurer required to furnish the annual audited financial report shall require the independent certified public accountant to report, in writing, within five business days to the board of directors or its audit committee any determination by the independent certified public accountant that the insurer has materially misstated its financial condition as reported to the director as of the balance sheet date currently under audit or that the insurer does not meet the minimum capital and surplus requirement of the law as of that date. An insurer who has received a report pursuant to this subsection shall forward a copy of the report to the director within five business days of receipt of such report and shall provide the independent certified public accountant making the report with evidence of the report being furnished to the director. If the independent certified public accountant fails to receive such evidence within the required five-business-day period, the independent certified public accountant shall furnish to the director a copy of its report within the next five business days.

2. No independent public accountant shall be liable in any manner to any person for any statement made in connection with subsection 1 of this section if such statement is made in good faith in compliance with subsection 1 of this section.

3. If the accountant, subsequent to the date of the audited financial report filed under sections 375.1025 to 375.1062 , becomes aware of facts which might have affected his or her report, such accountant is required to take such action as prescribed in the professional standards of the American Institute of Certified Public Accountants.

(L. 1991 H.B. 385, et al. § 10, A.L. 2009 H.B. 577)
Mo. Rev. Stat. § 347.111 — MO Code / Chapter 347 / Section 347.111
347.111 Allocation of profits or losses, manner.
Status: in_force

347.111. Allocation of profits or losses, manner. — The profits or losses of a limited liability company shall be allocated among the members, and among classes of members, in the manner provided in the operating agreement. If the operating agreement does not so provide, profits shall be allocated among the members in the amount and manner of any losses previously allocated to the members to the extent not previously offset by allocations of profit and then according to the manner in which they share in distributions which exceed the repayment of their contributions, and losses shall be allocated among the members according to the respective contributions which they have made and promised to make in the future.

(L. 1993 S.B. 66 & 20 § 359.766) Effective 12-01-93
Mo. Rev. Stat. § 173.393 — MO Code / Chapter 173 / Section 173.393
173.393 Misuse of moneys by recipient becomes liability, repayment of moneys.
Status: in_force

173.393. Misuse of moneys by recipient becomes liability, repayment of moneys. — Any money appropriated by the general assembly from the Lewis and Clark discovery fund and used by the recipient in violation of section 173.386 or section 173.392 shall thereby be a liability of the recipient to the credit of the Lewis and Clark discovery fund and the recipient shall remit all such money to the Lewis and Clark discovery fund. In the event the recipient of such appropriated funds is liable to remit the appropriated funds back to the Lewis and Clark discovery fund, pursuant to this section, such recipient shall also be liable to remit interest on the amount due to the fund. Beginning on the date of receipt of such appropriated funds by the recipient, such outstanding funds shall accrue interest at the rate of one percent per month until the principal and all accrued interest is remitted in full to the fund. The recipient shall remit all principal of and interest on such misused funds to the state treasurer for deposit into the Lewis and Clark discovery fund.

(L. 2007 S.B. 389)
Mo. Rev. Stat. § 304.235 — MO Code / Chapter 304 / Section 304.235
304.235 Commercial vehicles licensed for eighteen thousand pounds or less not to ...
Status: in_force

304.235. Commercial vehicles licensed for eighteen thousand pounds or less not to stop at weigh station or be otherwise identified — confidentiality rules do not apply to commercial vehicle enforcement officers, when — penalty for evading weigh station. — All commercial motor vehicles shall be required to stop at an official weigh station, or to be identified through automated means approved by this state and determined to be in compliance without the necessity of stopping, except those licensed for a gross weight of not more than eighteen thousand pounds shall not be required to stop or to be identified unless so directed by a peace officer or a commercial motor vehicle enforcement officer or inspector. The provisions of sections 32.057 and 32.091 which govern confidentiality and prohibit the release of information shall not apply to commercial motor vehicle enforcement officers or their licensees in the performance of their duties at weigh stations. Any person who does not stop at a weigh station or who otherwise improperly evades stopping at the weight station and who is later determined not to be in compliance with the provisions of this chapter governing weigh limits may be punished pursuant to section 304.570 .

(L. 1973 H.B. 327 § 1, A.L. 1977 H.B. 186, A.L. 1999 H.B. 646 merged with S.B. 19)
Mo. Rev. Stat. § 454.1719 — MO Code / Chapter 454 / Section 454.1719
454.1719 Grounds for rendition.
Status: in_force

454.1719. Grounds for rendition. — (a) For purposes of this Article, sections 454.1719 to 454.1722 , "governor" includes an individual performing the functions of governor or the executive authority of a state covered under sections 454.1500 to 454.1728 .

(b) The governor of this state may:

(1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

(2) on the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

(c) A provision for extradition of individuals not inconsistent with sections 454.1500 to 454.1728 applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.

(L. 2011 H.B. 260) Effective 6-15-16, see § 454.1728
Mo. Rev. Stat. § 408.200 — MO Code / Chapter 408 / Section 408.200
408.200 Borrower not to be indebted on two or more contracts with same lender, when.
Status: in_force

408.200. Borrower not to be indebted on two or more contracts with same lender, when. — No lender shall permit any borrower to be indebted to such lender on two or more contracts at any time for the purpose or with the result of contracting for or receiving more interest on the multiple notes or contracts than would have been permissible on a single note or contract entered into in accordance with section 408.100 .

(L. 1951 p. 875 § 408.033, A.L. 1959 H.B. 320, A.L. 1974 2d Ex. Sess. S.B. 1, A.L. 1977 S.B. 317, A.L. 1979 S.B. 305, A.L. 1985 H.B. 358 & 440, A.L. 1998 S.B. 792)
Mo. Rev. Stat. § 64.003 — MO Code / Chapter 64 / Section 64.003
64.003 Farm buildings and farm structures, limitation on certain fire protection ...
Status: in_force

64.003. Farm buildings and farm structures, limitation on certain fire protection or fire prevention ordinances. — Notwithstanding any provision of law to the contrary, no fire protection or fire prevention ordinance adopted by any county in this state shall be exercised so as to impose regulations or to require permits with respect to the erection, maintenance, repair, alteration, or extension of farm buildings or farm structures.

(L. 2025 S.B. 271)
Mo. Rev. Stat. § 375.1412 — MO Code / Chapter 375 / Section 375.1412
375.1412 Investigation, powers of director.
Status: in_force

375.1412. Investigation, powers of director. — 1. The director shall have power to examine and investigate the affairs of any licensee to determine whether the licensee has been or is engaged in any conduct in violation of sections 375.1400 to 375.1427 . This power is in addition to the powers the director has under the law. Any such investigation or examination shall be conducted under section 374.190 or 374.205 .

2. Whenever the director has reason to believe that a licensee has been or is engaged in conduct in this state that violates sections 375.1400 to 375.1427 , the director may take action that is necessary or appropriate to enforce the provisions of sections 375.1400 to 375.1427 .

(L. 2025 H.B. 974, et al.) Effective 1-01-26; see § 375.1427
Mo. Rev. Stat. § 87.215 — MO Code / Chapter 87 / Section 87.215
87.215 Reduction and suspension of pension, when.
Status: in_force

87.215. Reduction and suspension of pension, when. — 1. If the medical board reports and certifies to the board of trustees that the disability beneficiary is engaged or is able to engage in a gainful occupation other than firefighter paying more than the difference between his or her retirement allowance and one and one-half times the then current rate of pay for the rank held by the member at the time of retirement, and if the board of trustees concurs in the report, then the amount of his or her retirement allowance shall be reduced to an amount which together with the amount earnable by him or her in such other occupation shall equal the amount of such current rate of pay. If his or her earning capacity is later changed, the amount of his or her retirement may be further modified. If any such disability beneficiary is found by such medical board to be able to engage in the occupation of firefighter, his or her retirement allowance shall not cease until he or she is restored to active service at the position and title held by such disability beneficiary at the time such disability occurred.

2. If a disability beneficiary is restored to active service, his or her retirement allowance shall cease and he or she shall again become a member. His or her creditable service at the time of his or her retirement shall be restored to full force and effect and in addition, upon his or her subsequent retirement, he or she shall be credited with all his or her additional service as a member, and if his or her then average final compensation is less than the average final compensation used in determining his or her disability benefits, the latter amount shall be used in determining benefits. In addition, an accident-disabled member restored to active service shall be credited with all the time he or she has served as a beneficiary.

(L. 1943 p. 708 § 6, A.L. 1959 S.B. 314 §§ 86.537, 86.538, A.L. 1965 p. 212, A.L. 1967 p. 168, A.L. 1983 H.B. 694 & 171, A.L. 2001 S.B. 290)
Mo. Rev. Stat. § 354.460 — MO Code / Chapter 354 / Section 354.460
354.460 Advertising not to be untrue or misleading — deceptive solicitation — ...
Status: in_force

354.460. Advertising not to be untrue or misleading — deceptive solicitation — prohibited — how determined. — No health maintenance organization, or representative thereof, may cause or knowingly permit the use of advertising which is untrue or misleading, solicitation which is untrue or misleading, or any form of evidence of coverage which is deceptive. For purposes of sections 354.400 to 354.636 :

(1) A statement or item of information shall be deemed to be untrue if it does not conform to fact in any respect which is or may be significant to an enrollee of, or person considering enrollment with, a health maintenance organization;

(2) A statement or item of information shall be deemed to be misleading, whether or not it may be literally untrue, if, in the total context in which such statement is made or such item of information is communicated, such statement or item of information may be reasonably understood by a reasonable person, not possessing special knowledge regarding health care coverage, as indicating any benefit or advantage or the absence of any exclusion, limitation, or disadvantage of possible significance to an enrollee of, or person considering enrollment in, a health maintenance organization plan, if such benefit, advantage, or absence of limitation, exclusion, or disadvantage does not, in fact, exist;

(3) An evidence of coverage shall be deemed to be deceptive if the evidence of coverage, taken as a whole, is misleading.

(L. 1983 H.B. 127 § 354.460 subsec. 1, A.L. 2007 S.B. 66)
Mo. Rev. Stat. § 620.572 — MO Code / Chapter 620 / Section 620.572
620.572 Allocations for operation of corps.
Status: in_force

620.572. Allocations for operation of corps. — The directors of the departments of conservation, economic development, social services, elementary and secondary education, labor and industrial relations, and natural resources and the director of the University of Missouri extension system shall meet regularly to establish appropriate allocations from their respective budgets to be made for the operation of the Missouri youth service and conservation corps. Funding for the operation of the corps may come from, but not be limited to, moneys available through the federal Carl Perkins Act, the federal Workforce Investment Act, the federal Wagner-Peyser Act, the one-eighth of one cent sales tax as authorized by Sections 43(a) and 43(b) of Article IV of the Missouri Constitution, and other discretionary funds which may be available to the various departments and to the governor's office.

(L. 1990 H.B. 1653 § 23, A.L. 2014 H.B. 1299 Revision)
Mo. Rev. Stat. § 86.107 — MO Code / Chapter 86 / Section 86.107
86.107 Trustees to manage funds.
Status: in_force

86.107. Trustees to manage funds. — The board of trustees shall be the trustees of the several funds created by sections 86.010 to 86.193 as provided in section 86.123 and shall have full power to invest and reinvest such funds and shall have full power to hold, purchase, sell, assign, transfer or dispose of any of the securities and investments in which any of the funds created herein shall have been invested, as well as of the proceeds of said investments and any moneys belonging to said funds. The board shall invest the funds of the system as permitted by sections 105.687 to 105.690 .

(RSMo 1939 § 9470, A.L. 2009 H.B. 593 merged with S.B. 161) Prior revision: 1929 § 8912 CROSS REFERENCE: Multinational banks, securities and obligations of, investment in, when, 409.950
Mo. Rev. Stat. § 208.176 — MO Code / Chapter 208 / Section 208.176
208.176 Division to provide for prospective review of drug therapy.
Status: in_force

208.176. Division to provide for prospective review of drug therapy. — By December 1, 1992, the MO HealthNet division shall, either directly or through contract with a private organization, provide for a prospective review of drug therapy. The review shall include screening for potential drug therapy problems, duplication, contraindications, interactions, incorrect drug dosage, drug allergy, duration of therapy and clinical abuse or misuse.

(L. 1992 S.B. 721 § 4, A.L. 2014 H.B. 1299 Revision)
Mo. Rev. Stat. § 513.070 — MO Code / Chapter 513 / Section 513.070
513.070 Execution against heir to be special.
Status: in_force

513.070. Execution against heir to be special. — When execution shall be issued against any person, as heir or devisee, the officer to whom the same shall be directed, shall be commanded only that of the goods and chattels which were of the ancestor or testator at the time of his death, he cause to be made the debt, damages and costs; and if sufficient goods and chattels cannot be found in his county, then that of the real estate which was of the ancestor or testator at the time of his death, he cause to be made the debt, damages and costs or sum of money in such execution specified.

(RSMo 1939 § 1318, A. 1949 H.B. 2121) Prior revisions: 1929 § 1154; 1919 § 1605; 1909 § 2174
Mo. Rev. Stat. § 64.860 — MO Code / Chapter 64 / Section 64.860
64.860 County commission, powers — zoning commission, appointment, powers — fees ...
Status: in_force

64.860. County commission, powers — zoning commission, appointment, powers — fees in certain counties — hearing on plan — municipality may protest plan, effect. — The county commission shall provide for the manner in which the regulations, restrictions and boundaries of the districts shall be determined, established and enforced, and from time to time amended, supplemented or changed within the unincorporated territory. In order to avail itself of the zoning powers conferred by sections 64.845 to 64.880 the county commission shall request the county planning commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. If there be no county planning commission the county commission shall appoint a county zoning commission whose personnel, length of terms and organization shall be the same as provided in section 64.805 for a county planning commission; and which commission, in third and fourth class counties, may charge and collect a fee for any service it provides, but the fee must be established by order of the county commission. The commission shall make a preliminary report and a proposed zoning order and shall hold public hearings thereon, and shall afford persons interested an opportunity to be heard. A hearing shall be held in each township affected by the terms of the proposed order, public notice of which hearing shall be given in the same manner as provided for the hearing in section 64.815 . The notice shall state the time and place of the hearing and the place where copies of the proposed report and proposed zoning order will be accessible for examination by interested parties. The hearings may be adjourned from time to time. Within ninety days after the final adjournment of the hearings the commission shall make a report and submit a proposed order to the county commission. The county commission may adopt the order with or without change or may refer it back to the commission for further consideration and report. In case a written protest against the proposed zoning of any land lying within one and one-half miles of the corporate limits of any municipality having in effect an ordinance zoning property within the corporate limits of the municipality is made by resolution of the city council or board of trustees thereof and filed with the county commission, the county commission shall not adopt the proposed zoning of the land except by record vote of all members and after a statement of the reasons for the action are spread upon its minutes or records. In the preparation of its report and proposed zoning order the commission may incur such expenditures as shall be authorized by the county commission.

(L. 1965 p. 178 § 13, A.L. 1980 H.B. 1259)