FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 375.1166 — MO Code / Chapter 375 / Section 375.1166
375.1166 Director to serve as rehabilitator — duties — periodic accounting required ...
Status: in_force

375.1166. Director to serve as rehabilitator — duties — periodic accounting required — immunity, when. — 1. An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in this state, shall appoint the director and his successors as rehabilitator, and shall direct the rehabilitator forthwith to take possession pursuant to the supervision of the court. The filing or recording of the order with the clerk of the circuit court or recorder of deeds of the county in which the principal office or place of business is located shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded to the insurer and shall by operation of law vest title to all assets of the insurer in the rehabilitator.

2. Any order issued under this section shall require periodic accounting to the court by the rehabilitator. Accountings shall be at such intervals as the court specifies in its order, but no less frequently than semiannually. Each accounting shall include a report concerning the rehabilitator's opinion as to the likelihood that a plan under subsection 4 of section 375.1168 will be prepared by the rehabilitator and the timetable for doing so.

3. Entry of an order of rehabilitation shall not constitute an anticipatory breach of any contracts of the insurer, nor shall it be grounds for retroactive revocation or retroactive cancellation of any contracts of the insurer, unless such revocation or cancellation is made by the rehabilitator pursuant to section 375.1168 .

4. The director as rehabilitator, any special deputy, all employees, agents, and attorneys of the rehabilitator and the special deputy, and all employees of the state of Missouri when acting with respect to the rehabilitation shall enjoy official immunity and be immune from any claim against them personally for any act or omission while acting in good faith in the performance of their functions and duties in connection with the rehabilitation during the period of rehabilitation. This subsection shall be applicable to any rehabilitation proceeding instituted on or after August 28, 1991.

(L. 1991 H.B. 385, et al. § 60, A.L. 1992 H.B. 1574)
Mo. Rev. Stat. § 590.1265 — MO Code / Chapter 590 / Section 590.1265
590.1265 Citation of law — definitions — use-of-force incidents reporting, standards ...
Status: in_force

*590.1265. Citation of law — definitions — use-of-force incidents reporting, standards and procedures — publication of report data — analysis report. — 1. The provisions of this section shall be known and may be cited as the "Police Use of Force Transparency Act of 2021".

2. For purposes of this section, the following terms mean:

(1) "Law enforcement agency" , the same meaning as defined in section 590.1040 ;

(2) "Peace officer" , the same meaning as defined in section 590.010 ;

(3) "Serious physical injury" , the same meaning as defined in section 556.061 ;

(4) "Use-of-force incident" , an incident in which:

(a) A fatality occurs that is connected to a use of force by a peace officer;

(b) Serious bodily injury occurs that is connected to a use of force by a peace officer; or

(c) In the absence of death or serious physical injury, a peace officer discharges a firearm at, or in the direction of, a person.

3. Starting on March 1, 2022, and at least annually thereafter, each law enforcement agency shall collect and report local data on use-of-force incidents involving peace officers to the National Use of Force Data Collection through the Law Enforcement Enterprise Portal administered by the Federal Bureau of Investigation. Law enforcement agencies shall not include personally identifying information of individual peace officers in their reports.

4. Each law enforcement agency shall additionally report the data submitted under subsection 3 of this section to the department of public safety. Law enforcement agencies shall not include personally identifying information of individual peace officers in their reports.

5. The department of public safety shall, no later than October 31, 2021, develop standards and procedures governing the collection and reporting of use-of-force data under this section. The standards and procedures shall be consistent with the requirements, definitions, and methods of the National Use of Force Data Collection administered by the Federal Bureau of Investigation.

6. By March 1, 2023, and at least annually thereafter, the department of public safety shall publish the data reported by law enforcement agencies under subsection 4 of this section, including statewide aggregate data and agency-specific data, in a publicly available report on the department of public safety's website. Such data shall be deemed a public record consistent with the provisions and exemptions contained in chapter 610 .

7. The department of public safety shall undertake an analysis of any trends and disparities in rates of use of force by all law enforcement agencies, with a report to be released to the public no later than June 30, 2025. The report shall be updated periodically thereafter, but not less than once every five years.

(L. 2021 S.B. 53 & 60) *This section was contained in both S.B. 26 and S.B. 53 & 60, 2021. Due to possible conflict, both versions are printed.
Mo. Rev. Stat. § 324.522 — MO Code / Chapter 324 / Section 324.522
324.522 Licensing required, when — rulemaking authority.
Status: in_force

324.522. Licensing required, when — rulemaking authority. — 1. No practitioner of tattooing, body piercing or branding shall practice and no establishment in which tattoos, body piercing or brandings are applied shall be operated without a license issued by the director of the division of professional registration. The license fee for each practitioner and each establishment shall be established by rule.

2. The director of the division of professional registration shall promulgate rules and regulations relative to the hygienic practice of tattooing, body piercing and branding, the sanitary operations of tattoo, body piercing and branding establishments, and the educational and training requirements for applicants applying to receive and practitioners desiring to maintain a license to practice any profession that is licensed or regulated under sections 324.520 to 324.526 . Such rules and regulations shall include:

(1) Standards of hygiene to be met and maintained by establishments and practitioners in order to receive and maintain a license for the practice of tattooing, body piercing and branding;

(2) Procedures to be used to grant, revoke or reinstate a license;

(3) Inspection of tattoo, body piercing and branding establishments; and

(4) Any other matter necessary to the administration of this section.

3. Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in sections 324.520 to 324.526 shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028 . This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void.

(L. 1998 H.B. 1601, et al. § 25, A.L. 1999 H.B. 343, A.L. 2001 H.B. 567, A.L. 2007 H.B. 780)
Mo. Rev. Stat. § 386.572 — MO Code / Chapter 386 / Section 386.572
386.572 Natural gas safety standards, gas plants not to violate — maximum penalties ...
Status: in_force

386.572. Natural gas safety standards, gas plants not to violate — maximum penalties for violations, how determined. — 1. No corporation, person, public utility, or municipality that owns any gas plant shall violate any law or any order, decision, decree, rule, direction, demand, or requirement of the commission or any part or portion thereof relating to federally mandated natural gas safety standards. Notwithstanding the above, a municipality that owns any gas plant shall be subject to the provisions of this section only for violations of natural gas safety laws, rules, or orders.

2. The maximum penalties for violations of federally mandated natural gas safety standards, or such stricter natural gas safety standards or rules as may be approved by the commission, shall not exceed an amount as determined by the Secretary of Transportation of the United States pursuant to 49 CFR Part 190.223(a), notwithstanding any provisions of subsection 1 of section 386.570 to the contrary. In determining the amount of the penalty, the commission shall consider the nature, circumstances, and gravity of the violation, and also shall consider, with respect to the entity found to have committed the violation:

(1) The degree of culpability;

(2) Any history of prior violations;

(3) The effect of the penalty on the entity's ability to continue operation;

(4) Any good faith effort in attempting to achieve compliance;

(5) Ability to pay the penalty; and

(6) Such other matters as are relevant in the case.

3. Every violation of a specific natural gas safety standard or rule by any corporation, person, public utility, or municipality that owns any gas plant is a separate and distinct offense, regardless of whether such violations relate to the same incident. In case of a continuing violation, each day's continuance thereof shall be a separate and distinct offense.

4. In construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or employee of any corporation, person, public utility, or municipality that owns any gas plant acting within the scope of official duties of employment shall in every case be considered the act, omission, or failure of such corporation, person, public utility, or municipality that owns any gas plant.

(L. 2008 H.B. 1779, A.L. 2025 S.B. 4)
Mo. Rev. Stat. § 70.385 — MO Code / Chapter 70 / Section 70.385
70.385 Nominees for appointment selected from panel, procedure, panel members ...
Status: in_force

70.385. Nominees for appointment selected from panel, procedure, panel members designated. — 1. Two of the five appointments made by the governor pursuant to the provisions of section 70.380 shall be selected from a panel of three nominees submitted by the mayor of St. Louis City. Two of the five appointments made by the governor pursuant to the provisions of section 70.380 shall be selected from a panel of three nominees submitted by the county executive of St. Louis County.

2. The fifth appointment made by the governor pursuant to section 70.380 shall be selected from a panel of three nominees submitted alternately by the mayor of St. Louis City and the county executive of St. Louis County. The next appointment following August 28, 1997, shall be to fill the commissioner position described in this subsection and shall be made from three nominees submitted by the county executive of St. Louis County. The next appointment for the commissioner position described in this subsection shall be made from three nominees submitted by the mayor of St. Louis City whereupon the order of nomination and appointment for this position will repeat itself.

3. The order of the appointments made pursuant to subsection 1 of this section shall be as follows:

(1) One from the panel of nominees submitted by the mayor of St. Louis city;

(2) One from the panel of nominees submitted by the county executive of St. Louis County whereupon the order of such appointments shall repeat itself.

4. Whenever the mayor or the county executive submits a panel of three nominees, they shall adhere to the intent set forth in the provisions of subsection 2 of section 213.020 .

(L. 1980 S.B. 731 § 2, A.L. 1997 H.B. 831 merged with S.B. 303)
Mo. Rev. Stat. § 521.540 — MO Code / Chapter 521 / Section 521.540
521.540 When creditors may defend.
Status: in_force

521.540. When creditors may defend. — In all suits by attachments, the court in which such suits are pending may, for the furtherance of justice, in its discretion, permit any person or persons who are creditors of the same defendant to appear in said suits on behalf of the defendant and make all such defenses as the defendant could make.

(RSMo 1939 § 1493) Prior revisions: 1929 § 1329; 1919 § 1780; 1909 § 2349
Mo. Rev. Stat. § 173.100 — MO Code / Chapter 173 / Section 173.100
173.100 Definitions.
Status: in_force

173.100. Definitions. — As used in sections 173.095 to 173.187 the following terms mean:

(1) "Board" , the Missouri coordinating board for higher education;

(2) "Borrower" , any person who has become legally obligated to repay a loan made under the student loan program or that person's guardian, trustee, estate, or other person legally responsible for defending against or satisfying borrower's obligations under the student loan program;

(3) "Department" , the Missouri department of higher education and workforce development;

(4) "Earnings" , compensation paid or payable for personal services, whether denominated wages, salary, commission, bonus, or otherwise;

(5) "Eligible borrower" , any person attending or the parent of a dependent attending an eligible institution;

(6) "Eligible institution" , any institution of postsecondary education, including a university, college, vocational and technical school, and other postsecondary institution, which has been approved for purposes of participation in the Missouri student loan program by the department and the United States Secretary of Education;

(7) "Eligible lender" , any bank, savings and loan association, credit union, insurance company, pension fund, eligible educational institution lender, or the department, or the federal Student Loan Marketing Association or other secondary market operation;

(8) "Employer" , any person, partnership, association, corporation, institution, governmental body, unit or agency, school district or municipal corporation, or any other entity employing one or more persons for a salary, wage, commission or other compensation, or any self-employed borrower;

(9) "Fund" , the state guaranty student loan fund;

(10) "LLR fund" , the lender of last resort revolving fund established in section 173.187 ;

(11) "Program" , the Missouri guaranteed student loan program.

(L. 1967 1st Ex. Sess. p. 894 § 2, A.L. 1978 H.B. 891, A.L. 1981 H.B. 326, A.L. 1988 H.B. 1456, A.L. 1994 S.B. 583)
Mo. Rev. Stat. § 509.430 — MO Code / Chapter 509 / Section 509.430
509.430 Counterclaim exceeding opposing claim.
Status: in_force

509.430. Counterclaim exceeding opposing claim. — A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.

(L. 1943 p. 353 § 74)
Mo. Rev. Stat. § 81.010 — MO Code / Chapter 81 / Section 81.010
81.010 Certain cities and towns declared cities and towns under special charter.
Status: in_force

81.010. Certain cities and towns declared cities and towns under special charter. — All cities and towns of this state operating under charters granted directly and specially by the general assembly prior to the adoption of the constitution of 1875 are hereby defined and declared to be cities and towns under special charter, and all laws now existing or which may hereafter be enacted relating or making reference to cities or towns under special charter or special charter cities or towns shall be deemed to and shall apply and be valid in relation only to cities and towns of this state defined and declared in this section to be cities and towns under special charter.

(L. 1945 p. 1289 § 6215b)
Mo. Rev. Stat. § 105.275 — MO Code / Chapter 105 / Section 105.275
105.275 Facsimile seal, use, effect.
Status: in_force

105.275. Facsimile seal, use, effect. — When the seal of this state or any of its departments, agencies, or other instrumentalities or of any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal.

(L. 1959 S.B. 119 § 3)
Mo. Rev. Stat. § 104.1057 — MO Code / Chapter 104 / Section 104.1057
104.1057 Year 2000 plan, a qualified plan according to federal law.
Status: in_force

104.1057. Year 2000 plan, a qualified plan according to federal law. — The year 2000 plan is a qualified plan pursuant to the provisions of applicable federal law. The benefits and conditions of the year 2000 plan shall always be adjusted to ensure that the tax-exempt status is maintained.

(L. 1999 S.B. 308 & 314)
Mo. Rev. Stat. § 191.680 — MO Code / Chapter 191 / Section 191.680
191.680 Maintaining a nuisance, abatement to be ordered, when.
Status: in_force

191.680. Maintaining a nuisance, abatement to be ordered, when. — 1. Any person who shall erect, establish, continue, maintain, use, own, or lease any building, structure, or place used for the purpose of lewdness, assignation, or illegal purpose involving sexual or other contact through which transmission of HIV infection can occur is guilty of maintaining a nuisance.

2. The building, structure, or place, or the ground itself, in or upon which any such lewdness, assignation, or illegal purpose is conducted, permitted, carried on, continued, or exists, and the furniture, fixtures, musical instruments, and movable property used in conducting or maintaining such nuisance, are hereby declared to be a nuisance and shall be enjoined and abated as provided in subsection 3 of this section.

3. If the existence of a nuisance is admitted or established in an action pursuant to this section or in a criminal proceeding in any court, an order of abatement shall be entered as part of the judgment in the case. The order shall direct the effectual closing of the business for any purpose, and so keeping it closed for a period of one year.

4. The department of health and senior services, a county prosecutor, or a circuit attorney shall file suit in its own name in any court of competent jurisdiction to enforce the provisions of this section.

(L. 1988 H.B. 1151 & 1044 § 14, A.L. 2002 S.B. 1102)
Mo. Rev. Stat. § 511.420 — MO Code / Chapter 511 / Section 511.420
511.420 Publication of order.
Status: in_force

511.420. Publication of order. — The order shall be published in some newspaper printed in this state for three weeks, the last insertion to be two weeks before the commencement of the term at which the parties are required to appear.

(RSMo 1939 § 1276) Prior revisions: 1929 § 1111; 1919 § 1562; 1909 § 2131
Mo. Rev. Stat. § 305.550 — MO Code / Chapter 305 / Section 305.550
305.550 Additional powers of authority.
Status: in_force

305.550. Additional powers of authority. — 1. The authority may also:

(1) Enter into contracts regarding any matter connected with any purpose within the objects and purposes of sections 305.500 to 305.585 ;

(2) Employ agents and employees necessary to carry out the duties and purposes of the authority;

(3) Adopt all necessary bylaws, rules and regulations for the conduct of the business and affairs of the authority, and for the management and use of facilities and sites acquired under the powers granted by sections 305.500 to 305.585 ;

(4) Have and use a common seal and alter the same at pleasure;

(5) Secure grants or loans, or both, from the United States government, or any agency thereof, for financing the establishment and construction of any airport, related facility, or any part of any of the foregoing authorized by sections 305.500 to 305.585 . For such purposes the authority may issue and sell or pledge to the United States government, or any agency thereof, all or any part of the revenue bonds authorized under sections 305.530 , 305.535 and 305.540 , and may execute contracts and documents and do all things that may be required by the United States government, or any agency thereof, provided that such contract and documents do not conflict with the provisions of any resolution authorizing and securing the payment of outstanding bonds of the authority theretofore issued that are payable from the revenues derived from the operation of any authority airport, and related facility.

2. Nothing in this section or in any other provision of sections 305.500 to 305.585 shall be construed to authorize the authority to establish or enforce any regulation or rule in respect to the operation or maintenance of its airports and related facilities within its jurisdiction which is in conflict with any federal or state law or regulation applicable to the same subject matter.

(L. 1972 H.B. 1341 § 11) Effective 2-04-72
Mo. Rev. Stat. § 488.2245 — MO Code / Chapter 488 / Section 488.2245
488.2245 City of Florissant, additional surcharge for a municipal courthouse.
Status: in_force

488.2245. City of Florissant, additional surcharge for a municipal courthouse. — 1. In addition to all other court costs for municipal ordinance violations, any home rule city with more than fifty-two thousand but fewer than sixty-four thousand inhabitants and located in any county with a charter form of government and with more than nine hundred fifty thousand inhabitants may provide for additional court costs in an amount up to ten dollars per case for each municipal ordinance violation case filed before a municipal division judge or associate circuit judge.

2. Such cost shall be collected by the clerk and disbursed to the city at least monthly. The city shall use such additional costs only for the land assemblage and purchase, construction, maintenance, and upkeep of a municipal courthouse. The costs collected may be pledged to directly or indirectly secure bonds for the cost of land assemblage and purchase, construction, maintenance, and upkeep of the courthouse.

(L. 2014 H.B. 1231)
Mo. Rev. Stat. § 506.378 — MO Code / Chapter 506 / Section 506.378
506.378 Payment of costs in judgment.
Status: in_force

506.378. Payment of costs in judgment. — If a judgment against an offender includes the payment of costs, the offender shall pay the full amount of costs ordered in the same manner as provided in section 506.372 or as otherwise authorized by law.

(L. 1997 S.B. 56 § 7) (2004) Prisoner litigation reform act does not authorize a motion court to order indigent offenders to pay costs in Rule 29.15 proceedings. Roberson v. State, 140 S.W.3d 634 (Mo.App.W.D.).
Mo. Rev. Stat. § 644.576 — MO Code / Chapter 644 / Section 644.576
644.576 Commissioners may borrow additional $40,000,000 for grants and loans to ...
Status: in_force

644.576. Commissioners may borrow additional $40,000,000 for grants and loans to storm water control plans. — In addition to those sums authorized prior to August 28, 2000, the board of fund commissioners of the state of Missouri, as authorized by Section 37(h) of Article III of the Constitution of the State of Missouri, may borrow on the credit of this state the sum of forty million dollars in the manner described, and for the purposes set out, in chapter 640 and in this chapter.

(L. 2000 S.B. 741)