FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 459.010 — MO Code / Chapter 459 / Section 459.010
459.010 Definitions.
Status: in_force

459.010. Definitions. — As used in sections 459.010 to 459.055 , the following terms mean:

(1) "Attending physician" , the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient;

(2) "Competent person" , a person eighteen years of age or older of sound mind who is able to receive and evaluate information and to communicate a decision;

(3) "Death-prolonging procedure" , any medical procedure or intervention which, when applied to a patient, would serve only to prolong artificially the dying process and where, in the judgment of the attending physician pursuant to usual and customary medical standards, death will occur within a short time whether or not such procedure or intervention is utilized. Death-prolonging procedure shall not include the administration of medication or the performance of medical procedure deemed necessary to provide comfort, care or to alleviate pain nor the performance of any procedure to provide nutrition or hydration;

(4) "Declaration" , a document executed in accordance with the requirements of section 459.015 ;

(5) "Physician" , a person licensed to practice medicine and surgery by the state board of registration for the healing arts;

(6) "Terminal condition" , an incurable or irreversible condition which, in the opinion of the attending physician, is such that death will occur within a short time regardless of the application of medical procedures.

(L. 1985 S.B. 51 § 1) (1988) A guardian may not order termination of nutrition and hydration from incompetent ward who is neither dead nor terminally ill although ward is in persistent vegetative state. Cruzan, by Cruzan v. Harmon, 760 S.W.2d 408 (Mo. banc). (1990) United States Constitution does not prohibit Missouri from requiring that evidence of an incompetent's wishes as to the withdrawal of life-sustaining treatment be proven by clear and convincing evidence. Cruzan v. Director, Mo. Dept. of Health, 110 S. Ct. 2841.
Mo. Rev. Stat. § 236.480 — MO Code / Chapter 236 / Section 236.480
236.480 Judicial review of actions — administrative review required — ...
Status: in_force

236.480. Judicial review of actions — administrative review required — interpretation of administrative actions. — 1. All final decisions, orders, actions or determinations made pursuant to the provisions of sections 236.400 to 236.500 are subject to judicial review pursuant to the provisions of chapter 536 . No judicial review shall be available, however, until all administrative remedies are exhausted.

2. In any suit filed pursuant to section 536.050 concerning the validity of the standards, rules, guidelines and regulations promulgated hereunder, the court shall review the record made pursuant to their adoption to determine the validity and reasonableness of such standards, rules, guidelines and regulations and may hear such additional evidence as it deems necessary.

(L. 1979 H.B. 603 § 17)
Mo. Rev. Stat. § 360.117 — MO Code / Chapter 360 / Section 360.117
360.117 Funding for grants less than amount of grants distributable, first priority ...
Status: in_force

360.117. Funding for grants less than amount of grants distributable, first priority construction or renovation projects. — If the amount of funding available for grants under sections 360.111 to 360.118 is less than the total amount of grants distributable under sections 360.111 to 360.118 for qualifying issues, first priority for funding of grants shall be given to qualifying issues for financing of construction or renovation projects.

(L. 1995 S.B. 301 § 360.111 subsec. 10) Effective 6-27-95
Mo. Rev. Stat. § 82.200 — MO Code / Chapter 82 / Section 82.200
82.200 Attestation of ordinances — evidence, when.
Status: in_force

82.200. Attestation of ordinances — evidence, when. — All ordinances, resolutions and proceedings of such city may be approved by its corporate seal, attested by the officer having charge thereof, and when printed and published by authority of such city, the same shall be received in evidence in all courts and places without further proof.

(RSMo 1939 § 7591) Prior revisions: 1929 § 7448; 1919 § 8859; 1909 § 9708
Mo. Rev. Stat. § 362.1060 — MO Code / Chapter 362 / Section 362.1060
362.1060 Permissible acts — foreign companies, exercise of trust powers.
Status: in_force

362.1060. Permissible acts — foreign companies, exercise of trust powers. — 1. A family trust company may, but only for family members:

(1) Act as a sole or copersonal representative, executor, or administrator for a probate estate within or outside this state;

(2) Act as an attorney-in-fact or agent under a power of attorney;

(3) Except as provided under section 362.1065 , act within or outside this state as a sole fiduciary or cofiduciary, including acting as a trustee, advisory agent, assignee, assignee for the benefit of creditors, authenticating agent, bailee, bond or indenture trustee, conservator, conversion agent, custodian, escrow agent, fiscal or paying agent, financial advisor, guardian, investment advisor or manager, managing agent, purchase agent, receiver, registrar, safekeeping or subscription agent, transfer agent for entities other than public companies, warrant agent, or other similar capacity generally performed by a corporate trustee. In so acting, the family trust company may possess, purchase, sell, invest, reinvest, safekeep, or otherwise manage or administer the real or personal property of family members;

(4) Exercise the powers of a corporation or limited liability company incorporated or organized under the laws of this state, or qualified to transact business as a foreign corporation or limited liability company under the laws of this state that are reasonably necessary to enable the trust company to fully exercise a power conferred under sections 362.1010 to 362.1117 in accordance with commonly accepted customs and usages;

(5) Delegate duties and powers, including investment and management functions under section 469.909 , in accordance with the powers granted to a trustee under chapter 456 or other applicable law and retain agents, attorneys, accountants, investment advisors, or other individuals or entities to advise or assist the family trust company in the exercise of its powers and duties under sections 362.1010 to 362.1117 and chapter 456 . Such exercise of power may include, but is not limited to, retaining a bank trust department or a public trust company other than another family trust company; and

(6) Perform all acts necessary to exercise the powers enumerated in this section or authorized under sections 362.1010 to 362.1117 and other applicable laws of this state.

2. A foreign family trust company that has complied with section 362.1030 and is in good standing in the jurisdiction in which it is incorporated or organized may exercise all the trust powers in this state that a Missouri family trust company may exercise.

(L. 2017 H.B. 292, A.L. 2024 S.B. 1359)
Mo. Rev. Stat. § 455.225 — MO Code / Chapter 455 / Section 455.225
455.225 Shelter request exceeding funds, allocation priorities.
Status: in_force

455.225. Shelter request exceeding funds, allocation priorities. — If a designated authority receives applications from more than one qualified shelter for victims of domestic violence and the requests for the funds exceed the amount of funds available, funds shall be allocated on the basis of the following priorities:

(1) To shelters in existence on August 13, 1982;

(2) To shelters offering or proposing to offer the broadest range of services and referrals to the community served, including medical, psychological, financial, educational, vocational, child care services and legal services;

(3) To other facilities offering or proposing to offer services specifically to victims of physical domestic violence;

(4) To other qualified shelters.

(L. 1982 H.B. 1069 § 7)
Mo. Rev. Stat. § 1.330 — MO Code / Chapter 1 / Section 1.330
1.330 Health care, no requirement to participate, no penalties — purchase or sale ...
Status: in_force

1.330. Health care, no requirement to participate, no penalties — purchase or sale of health insurance in private system not prohibited — definitions. — 1. No law or rule shall compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system.

2. A person or employer may pay directly for lawful health care services and shall not be required by law or rule to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and shall not be required by law or rule to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services.

3. Subject to reasonable and necessary rules that do not substantially limit a person's options, the purchase or sale of health insurance in private health care systems shall not be prohibited by law or rule.

4. This section does not:

(1) Affect which health care services a health care provider or hospital is required to perform or provide;

(2) Affect which health care services are permitted by law;

(3) Prohibit care provided under workers' compensation as provided under state law;

(4) Affect laws or regulations in effect as of January 1, 2010;

(5) Affect the terms or conditions of any health care system to the extent that those terms and conditions do not have the effect of punishing a person or employer for paying directly for lawful health care services or a health care provider or hospital for accepting direct payment from a person or employer for lawful health care services.

5. As used in this section, the following terms shall mean:

(1) "Compel" , any penalties or fines;

(2) "Direct payment or pay directly" , payment for lawful health care services without a public or private third party, not including an employer, paying for any portion of the service;

(3) "Health care system" , any public or private entity whose function or purpose is the management of, processing of, enrollment of individuals for or payment for, in full or in part, health care services or health care data or health care information for its participants;

(4) "Lawful health care services" , any health-related service or treatment to the extent that the service or treatment is permitted or not prohibited by law or regulation that may be provided by persons or businesses otherwise permitted to offer such services; and

(5) "Penalties or fines" , any civil or criminal penalty or fine, tax, salary or wage withholding or surcharge or any named fee with a similar effect established by law or rule by a government-established, -created or -controlled agency that is used to punish or discourage the exercise of rights protected under this section.

(L. 2010 H.B. 1764 Adopted by referendum, Proposition C, August 3, 2010)
Mo. Rev. Stat. § 103.057 — MO Code / Chapter 103 / Section 103.057
103.057 False statement or falsifying record of plan, penalty.
Status: in_force

103.057. False statement or falsifying record of plan, penalty. — A person who knowingly makes a false statement, or falsifies or permits to be falsified a record of the plan, in an attempt to defraud the plan is subject to fine or imprisonment under the laws of this state.

(L. 1992 H.B. 1574 § 1 subsec. 23)
Mo. Rev. Stat. § 381.011 — MO Code / Chapter 381 / Section 381.011
381.011 Citation of law — purpose statement.
Status: in_force

381.011. Citation of law — purpose statement. — 1. Sections 381.011 to 381.412 shall be known and may be cited as the "Missouri Title Insurance Act".

2. The purpose of sections 381.011 to 381.405 is to provide the state of Missouri with a comprehensive body of law for the effective regulation and supervision of title insurance business transacted within this state in response to the McCarran-Ferguson Act, Sections 1011-1015, Title 15, United States Code.

3. Except as otherwise expressly provided in this chapter and except where the context otherwise requires, all provisions of the laws of this state relating to insurance and insurance companies generally shall apply to title insurance, title insurers, and title agents.

(L. 1987 S.B. 251 § 1, Repealed L. 2000 S.B. 894 § D, L. 2007 S.B. 66) Effective 1-01-08
Mo. Rev. Stat. § 86.1460 — MO Code / Chapter 86 / Section 86.1460
86.1460 Findings of board final and conclusive — judicial review.
Status: in_force

86.1460. Findings of board final and conclusive — judicial review. — 1. In any hearing conducted by the retirement board, the board's findings on all issues of fact shall be final and conclusive upon all parties concerned, when such findings are supported by competent and substantial evidence.

2. Any ruling of the retirement board on a question of law and whether the same is supported by substantial evidence shall, at the option of the plaintiff, be reviewed upon application of any party by the circuit court of Cole County, or in the county of the residence of the plaintiff or one of the plaintiffs, or in the county in which the principal office of the retirement system is located.

(L. 2005 H.B. 323)
Mo. Rev. Stat. § 404.800 — MO Code / Chapter 404 / Section 404.800
404.800 Short title.
Status: in_force

404.800. Short title. — Sections 404.800 to 404.865 may be cited as the "Durable Power of Attorney for Health Care Act".

(L. 1991 S.B. 148)
Mo. Rev. Stat. § 483.070 — MO Code / Chapter 483 / Section 483.070
483.070 May remove records, when.
Status: in_force

483.070. May remove records, when. — In case of danger from an invading enemy any clerk may remove the records, papers and other things appertaining to his office to some secure place until the danger is removed.

(RSMo 1939 § 13294) Prior revisions: 1929 § 11675; 1919 § 2121; 1909 § 2684
Mo. Rev. Stat. § 643.170 — MO Code / Chapter 643 / Section 643.170
643.170 Existing penalties not to be impaired — no actionable rights created, ...
Status: in_force

643.170. Existing penalties not to be impaired — no actionable rights created, exceptions. — 1. Existing civil or criminal remedies for any wrongful action which is a violation of any part of this chapter or any rule of the commission promulgated hereunder shall not be excluded or impaired by sections 643.010 to 643.190 .

2. Nothing in sections 643.010 to 643.190 shall be construed to create or imply a private cause of action for a violation of sections 643.010 to 643.190 . A determination by the director, the commission or political subdivisions under section 643.140 that air pollution or air contamination exists or that any rule, ordinance or order has been violated, whether or not a proceeding or action is brought by the state, shall not create by reason thereof any presumption of law which shall inure to or be for the benefit of any person other than the state, the commission or political subdivision.

(L. 1965 p. 335 § 15, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544)
Mo. Rev. Stat. § 393.030 — MO Code / Chapter 393 / Section 393.030
393.030 Right to take water from nonnavigable stream and erect dam — purposes for ...
Status: in_force

393.030. Right to take water from nonnavigable stream and erect dam — purposes for which company may condemn land. — 1. Any corporation, company or individual proposing to supply with water any city, town or village, shall have the right to take water from any stream that is not navigable and to erect a dam thereon. Any such water corporation shall also have the right to acquire by condemnation sufficient lands to lay pipes for the conveyance of water in, over or through any lands situated beyond the source of water supply, regardless of the nature or kind of such source of supply. Any such water corporation shall also have the right to acquire by condemnation sufficient lands upon which to drill wells to provide an adequate water supply from underground sources. Any such water corporation shall also have the right to acquire by condemnation sufficient lands upon which to build, construct, install and operate facilities for the processing, pumping, storage, distribution and management of water. Any such water corporation may exercise any, some or all of the above granted powers upon complying with the proceedings herein provided for.

2. In case any such corporation, company or individual cannot agree with the owners of such water or lands sought to be obtained, or right-of-way, upon compensation to be paid, or in case the owner is incapable of contracting, be unknown, or be a nonresident of this state, such corporation, company or individual may apply to the circuit court of the county where said land or any part thereof lies, by petition, stating what is desired.

(RSMo 1939 § 5372, A.L. 1943 p. 410 § 156, A.L. 1955 p. 579, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 4965; 1919 § 10175; 1909 § 3369 Effective 1-02-79 (1954) Water company has no power to condemn land for purpose of taking water from underneath surface under this section. State ex rel. Missouri Water Co. v. Bostian (A.), 272 S.W.2d 857. (1955) Water company has power to condemn lands upon which to build works for pumping, storage, distribution and management of water and could obtain water from beneath surface thereof. Reversing decision of court of appeals at 272 S.W.2d 857. State ex rel. Missouri Water Co. v. Bostian, 365 Mo. 228, 290 S.W.2d 663.
Mo. Rev. Stat. § 376.1375 — MO Code / Chapter 376 / Section 376.1375
376.1375 Registry of grievances maintained, procedures — definitions.
Status: in_force

376.1375. Registry of grievances maintained, procedures — definitions. — 1. A health carrier shall maintain a written register of all grievances in a manner consistent with the requirements for maintaining complaint records pursuant to section 354.445 . The grievance register shall contain the total number, type, nature and result of all grievances and such other information as may be prescribed by the director. A health carrier shall furnish the director with any records regarding a grievance upon request.

2. All grievances shall be date stamped when received by the health carrier. The date shall be legible and easily identified.

3. Upon receipt of any inquiry from the department of commerce and insurance regarding a grievance, a health carrier shall mail to the department an adequate response to the inquiry within twenty days from the date the department mails the inquiry. An envelope's postmark shall determine the date of mailing. When the requested response is not produced by the health carrier within twenty days, this nonproduction shall be deemed a violation of law, unless the person can demonstrate that there is reasonable justification for that delay. As used in this section:

(1) "Inquiry" , each and every question or request for information submitted in writing to a health carrier by the department concerning a grievance;

(2) "Adequate response" , a written response answering each inquiry with reasonable specificity. A health carrier's acknowledgment of the department's inquiry is not an adequate response.

(L. 1997 H.B. 335)
Mo. Rev. Stat. § 1.016 — MO Code / Chapter 1 / Section 1.016
1.016 Secondary sources do not constitute law or public policy, when.
Status: in_force

1.016. Secondary sources do not constitute law or public policy, when. — A secondary source, including a legal treatise, scholarly publication, textbook, or other explanatory text, does not constitute the law or public policy of this state to the extent its adoption would create, eliminate, expand, or restrict a cause of action, right, or remedy, or to the extent it is inconsistent with, or in conflict with, or otherwise not addressed by, Missouri statutory law or Missouri appellate case law precedent.

(L. 2022 S.B. 775, et al.)
Mo. Rev. Stat. § 198.642 — MO Code / Chapter 198 / Section 198.642
198.642 Supplemental health care services agency, registration required — procedure.
Status: in_force

198.642. Supplemental health care services agency, registration required — procedure. — 1. A person who operates a supplemental health care services agency shall register annually with the department. Each separate business location of the agency shall have a separate registration with the department. Fees collected under this section shall be deposited in the state treasury and credited to the state general revenue fund.

2. The department shall establish forms and procedures for processing each supplemental health care services agency registration application. An application for agency registration shall include at least the following:

(1) The names and addresses of each person having an ownership interest in the agency;

(2) If the owner is a corporation, copies of the articles of incorporation or articles of association and current bylaws, together with the names and addresses of officers and directors;

(3) Satisfactory proof of compliance with the provisions of sections 198.640 to 198.648 ;

(4) Any other relevant information that the department determines is necessary to properly evaluate an application for registration;

(5) Policies and procedures that describe how the agency's records will be immediately available at all times to the department upon request; and

(6) A registration fee that may be established in rule by the department as determined to be necessary to meet the expenses of the department for the administration of the provisions of sections 198.640 to 198.648 , but in no case shall such fee be more than one thousand dollars.

If an agency fails to provide the items required in this subsection to the department, the department shall immediately suspend or refuse to issue the supplemental health care services agency registration. An agency may appeal the department's decision to the administrative hearing commission under chapter 621 .

3. A registration issued by the department according to this section shall be effective for a period of one year from the date of its issuance, unless the registration has been revoked or suspended under the provisions of this section or unless the agency is sold or ownership or management is transferred. If an agency is sold or ownership or management is transferred, the registration of the agency shall be void, and the new owner or operator may apply for a new registration.

4. The department shall be responsible for the oversight of supplemental health care services agencies through annual unannounced surveys, complaint investigations, and other actions necessary to ensure compliance with sections 198.640 to 198.648 .

(L. 2022 S.B. 710)
Mo. Rev. Stat. § 182.825 — MO Code / Chapter 182 / Section 182.825
182.825 Definitions.
Status: in_force

182.825. Definitions. — As used in sections 182.825 and 182.827 , the following terms mean:

(1) "Pornographic for minors" , as that term is defined in section 573.010 ;

(2) "Public access computer" , a computer that is:

(a) Located in an elementary or secondary public school or public library;

(b) Frequently or regularly used directly by a minor; and

(c) Connected to any computer communication system.

(L. 2002 H.B. 1402)
Mo. Rev. Stat. § 537.320 — MO Code / Chapter 537 / Section 537.320
537.320 Judgment — execution.
Status: in_force

537.320. Judgment — execution. — Whenever judgment shall be rendered against any person or persons, under the provisions of sections 537.300 to 537.320 , by any associate circuit judge or circuit judge, an execution shall issue thereon against the goods and chattels of any such defendant or defendants.

(RSMo 1939 § 14497, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 12823; 1919 § 4313; 1909 § 814 Effective 1-02-79