FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 393.857 — MO Code / Chapter 393 / Section 393.857
393.857 Construction of laws relating to nonprofit sewer companies.
Status: in_force

393.857. Construction of laws relating to nonprofit sewer companies. — Sections 393.825 to 393.861 and section 393.175 shall be construed liberally. The enumeration of any object, purpose, power, manner, method or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods or things. To the extent that sections 393.825 to 393.861 and section 393.175 do * not speak to an issue, the provisions applicable to mutual benefit not-for-profit corporations or limited liability companies, as the nonprofit sewer company may elect in its articles of incorporation, which are not inconsistent with the provisions of sections 393.825 to 393.861 and section 393.175 shall apply to nonprofit sewer companies.

(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3) Effective 12-23-97 *Word "does" appears in original rolls.
Mo. Rev. Stat. § 474.040 — MO Code / Chapter 474 / Section 474.040
474.040 Collaterals of half blood inherit, how.
Status: in_force

474.040. Collaterals of half blood inherit, how. — When the inheritance is directed to pass to the ascending and collateral kindred of the intestate, if part of the collaterals is of the whole blood of the intestate, and the other part of the half blood only, those of the half blood shall inherit only half as much as those of the whole blood; but if all collaterals are of the half blood, they shall have whole portions, only giving to the ascendants double portions.

(RSMo 1939 § 309, A.L. 1955 p. 385 § 239) Prior revisions: 1929 § 309; 1919 § 306; 1909 § 335 (1956) Descendant of child who was adopted by mother of deceased after her divorce from father of deceased held entitled to inherit from deceased as nephew of half blood. Vreeland v. Vreeland (Mo.), 296 S.W.2d 55.
Mo. Rev. Stat. § 67.2687 — MO Code / Chapter 67 / Section 67.2687
67.2687 Notice of commencement of service, when.
Status: in_force

67.2687. Notice of commencement of service, when. — An entity holding a video service authorization shall provide notice to each political subdivision with jurisdiction in any locality at least ten days before commencing video service in the political subdivision's jurisdiction.

(L. 2007 S.B. 284)
Mo. Rev. Stat. § 302.775 — MO Code / Chapter 302 / Section 302.775
302.775 Provisions of law not applicable, when.
Status: in_force

302.775. Provisions of law not applicable, when. — The provisions of sections 302.700 to 302.780 shall not apply to:

(1) Any person driving a farm vehicle as defined in section 302.700 which is:

(a) Controlled and operated by a farmer, including operation by employees or family members;

(b) Used to transport agricultural products, farm machinery, farm supplies, or both, to or from a farm;

(c) Not used in the operations of a common or contract motor carrier; and

(d) Used within two hundred forty-one kilometers or one hundred fifty miles of the farmer's farm;

(2) Any active duty military personnel, members of the reserves and National Guard on active duty, including personnel on full-time National Guard duty, personnel on part-time training and National Guard military technicians, while driving vehicles for military purposes;

(3) Any person who drives emergency or fire equipment necessary to the preservation of life or property or the execution of emergency governmental functions under emergency conditions;

(4) Any person qualified to operate the equipment under subdivision (3) of this section when operating such equipment in other functions such as parades, special events, repair, service or other authorized movements;

(5) Any person driving or pulling a recreational vehicle, as defined in sections 301.010 and 700.010 , for personal use; and

(6) Any other class of persons exempted by rule or regulation of the director, which rule or regulation is in compliance with the Commercial Motor Vehicle Safety Act of 1986 and any amendments or regulations drafted to that act.

(L. 1989 1st Ex. Sess. H.B. 3, A.L. 2004 S.B. 757 merged with S.B. 788, A.L. 2009 H.B. 683)
Mo. Rev. Stat. § 533.100 — MO Code / Chapter 533 / Section 533.100
533.100 When order in sections 533.080 and 533.090 is made, duty of clerk.
Status: in_force

533.100. When order in sections 533.080 and 533.090 is made, duty of clerk. — When any such order shall be made as provided for in sections 533.080 and 533.090 , the clerk shall, without delay, deliver to the proper officer an order for the retaking and delivery of such property to the proper party, and for the delivery thereof to him therefor by the party having it; which shall be directed and executed in like manner as an order for the taking and delivery of property to the plaintiff in the first instance, and shall be served on the party having the property, as other orders.

(RSMo 1939 § 1797) Prior revisions: 1929 § 1633; 1919 § 2081; 1909 § 2646
Mo. Rev. Stat. § 545.290 — MO Code / Chapter 545 / Section 545.290
545.290 Statute of jeofails applicable to proceedings by information.
Status: in_force

545.290. Statute of jeofails applicable to proceedings by information. — The statute of jeofails, as applicable to criminal pleadings and proceedings in prosecutions by indictment, shall apply to all proceedings in prosecutions by information; and any affidavit or information may be amended in matter of form or substance at any time by leave of court before the trial, and on the trial as to all matters of form and variance, at the discretion of the court, when the same can be done without prejudice to the substantial rights of the defendant, on the merits, and no amendment shall cause any delay of the trial, except at the instance of the defendant for good cause shown by affidavit.

(RSMo 1939 § 3898) Prior revisions: 1929 § 3508; 1919 § 3853; 1909 § 5061 (1951) Amendment of forgery information, after jury was sworn, to change date of offense from 13th of November to 14th, where check set out in information was dated "11-1449" held not erroneous. State v. Redding, 362 Mo. 39, 239 S.W.2d 494. (1953) Amendment of information in robbery prosecution after trial had commenced to allege that person upon whom assault was made was agent of owner and in possession of money, held a matter of form only and not erroneous. State v. Stidham (Mo.), 258 S.W.2d 620. (1960) The allowance of an amendment to a robbery information after close of state's case to charge that the amount taken from individual was $55 instead of $193 held proper where evidence showed that amount. State v. Clark (Mo.), 331 S.W.2d 588. (1971) Amendment of information during trial in burglary prosecution to allege offense occurred between 11 p.m., March 31, 1970, and 12:35 a.m., April 1, 1970, instead of on April 1, 1970, held within judge's discretion. State v. Fowler (Mo.), 473 S.W.2d 353. (1971) Defendant is not entitled to be released simply because the required number of terms have elapsed. He must show that he has demanded a trial and that such request was made without success for a reasonable length of time before his right to release is asserted. Failure to take affirmative action seeking speedy trial constitutes a waiver of that right and thus defendant's motion for discharge was correctly overruled. State v. Harper (Mo.), 473 S.W.2d 419.
Mo. Rev. Stat. § 243.400 — MO Code / Chapter 243 / Section 243.400
243.400 County commission authorized to pledge bonds — manner.
Status: in_force

243.400. County commission authorized to pledge bonds — manner. — 1. Bonds issued under the authority of section 243.390 or refunding bonds issued to refund any or all such bonds may be pledged by the county commission to any corporation, commission or agency created or authorized by congress or the state of Missouri to accept a pledge of such bonds, and the county commission is authorized to pledge the bonds of any drainage district created under this chapter in a manner to conform to the requirements, rules and/or regulations of any such corporation, commission or agency.

2. Upon a pledge of any such bonds as by this section authorized, funds shall be provided to redeem said bonds and interest thereon from the terms of such pledge in the same manner as if said bonds had been sold, and the lien of pledged bonds and interest thereon shall be enforced in the same manner as provided in this chapter for bonds sold.

3. Funds derived from a pledge of any such bonds shall be deposited, accounted for and expended in the same manner as if such bonds had been sold or as may be provided by the requirements, rules and/or regulations of the corporation, commission or agency accepting a pledge of such bonds and advancing funds thereon.

(RSMo 1939 § 12419)
Mo. Rev. Stat. § 337.703 — MO Code / Chapter 337 / Section 337.703
337.703 License required, exceptions.
Status: in_force

337.703. License required, exceptions. — No person shall use the title of "licensed marital and family therapist", "marital and family therapist", "provisional licensed marital and family therapist", or engage in the practice of marital and family therapy in this state unless the person is licensed as required by the provisions of sections 337.700 to 337.739 . Sections 337.700 to 337.739 shall not apply to:

(1) Any person registered, certificated or licensed by this state, another state or any recognized national certification agent acceptable to the division to practice any other occupation or profession while rendering services similar in nature to marital and family therapy in the performance of the occupation or profession in which the person is registered, certificated or licensed, so long as the person does not use the title of "licensed marital and family therapist", "marital and family therapist", or "provisional licensed marital and family therapist";

(2) The practice of any marital and family therapist who is employed by any political subdivision, school district, agency or department of the state of Missouri while discharging the therapist's duties in that capacity; and

(3) Duly ordained ministers or clergy, religious workers and volunteers or Christian Science Practitioners.

(L. 1995 S.B. 69, et al., A.L. 2004 H.B. 1195, A.L. 2010 H.B. 2226, et al.)
Mo. Rev. Stat. § 375.037 — MO Code / Chapter 375 / Section 375.037
375.037 Director's investigation — appeal.
Status: in_force

375.037. Director's investigation — appeal. — 1. The director of the department of commerce and insurance, on the written complaint of any person, or when the director deems it necessary without a complaint, shall determine whether there has been a violation of sections 375.031 to 375.037 . After such determination, the director shall notify all parties concerned by certified mail and shall prescribe a method of cancellation to be followed by the concerned parties. Any party who is aggrieved by the decision of the director of the department of commerce and insurance shall be entitled to judicial review thereof, as provided in sections 536.100 to 536.140 .

2. Sections 375.031 to 375.037 shall not apply if the director determines nonrenewal is necessary to preserve an insurer's solvency or to protect the insured's interest. Nor shall sections 375.031 to 375.037 apply in the case of fraud, failure to properly remit premiums, or whenever the director determines the license of the insurance producer could be revoked or not renewed pursuant to the provisions of section 375.141 .

3. If any provision of sections 375.031 to 375.037 or the application thereof to any person or circumstances is held invalid, the validity of the remainder of sections 375.031 to 375.037 and of the application of such provision to other persons and circumstances shall not be affected thereby.

(L. 1979 H.B. 506 § 4, A.L. 2001 S.B. 193) Effective 1-01-03
Mo. Rev. Stat. § 86.1350 — MO Code / Chapter 86 / Section 86.1350
86.1350 Voting by board, votes necessary to pass a motion.
Status: in_force

86.1350. Voting by board, votes necessary to pass a motion. — Each member of the retirement board shall be entitled to one vote in the decisions of the board. Five votes or more in favor shall be necessary to pass a motion by the retirement board at any meeting of the board.

(L. 2005 H.B. 323)
Mo. Rev. Stat. § 208.765 — MO Code / Chapter 208 / Section 208.765
208.765 Forfeiture of account moneys, when — death of account holder, effect of.
Status: in_force

208.765. Forfeiture of account moneys, when — death of account holder, effect of. — 1. Account holders who withdraw moneys from a family development account not in accordance with subsection 1 of section 208.760 shall forfeit all matching moneys in the account.

2. All moneys forfeited by an account holder pursuant to subsection 1 of this section shall be returned to the family development account reserve fund of the community-based organization.

3. In the event of an account holder's death, the account may be transferred to the ownership of a contingent beneficiary. An account holder shall name contingent beneficiaries at the time the account is established and may change such beneficiaries at any time. If the named beneficiary is deceased or otherwise cannot accept the transfer, the moneys shall be transferred to the family development account reserve fund of the community-based organization.

(L. 1999 S.B. 387, et al. § 12)
Mo. Rev. Stat. § 115.097 — MO Code / Chapter 115 / Section 115.097
115.097 Judge not to be absent from polls more than one hour — not more than one ...
Status: in_force

115.097. Judge not to be absent from polls more than one hour — not more than one judge from the same party to be absent at the same time. — No election judge shall be absent from the polls for more than one hour during the hours the polls are open on election day. No election judge shall be absent from the polls before 9:00 a.m. or after 5:00 p.m. on election day. No more than one judge from the same major political party shall be absent from the polls at the same time on election day.

(L. 1977 H.B. 101 § 3.043, A.L. 2002 S.B. 675)
Mo. Rev. Stat. § 70.375 — MO Code / Chapter 70 / Section 70.375
70.375 Tax status of property and bonds of bi-state agency.
Status: in_force

70.375. Tax status of property and bonds of bi-state agency. — All property, real and personal, owned or held by the bi-state development agency, and all interest income derived from any notes, bonds or other instruments in writing issued by the bi-state development agency, shall possess the same status, with respect to taxation in the state of Missouri, as is now or may hereafter be possessed by property, real and personal, owned or held by cities within said state of Missouri, and by the interest income derived from notes, bonds or other instruments in writing issued by such cities.

(L. 1958 2d Ex. Sess. p. 150 § 2, A.L. 1959 S.B. 25 § 2)
Mo. Rev. Stat. § 486.655 — MO Code / Chapter 486 / Section 486.655
486.655 Notary not to influence person on transaction — notary not to investigate ...
Status: in_force

486.655. Notary not to influence person on transaction — notary not to investigate document or transaction. — 1. Except as otherwise provided in subsection 2 of section 486.650 , a notary shall not influence a person either to enter into or avoid a transaction involving a notarial act by the notary.

2. A notary commission shall not authorize the notary to investigate, ascertain, or attest to the lawfulness, propriety, accuracy, or truthfulness of a document or transaction involving a notarial act.

(L. 2020 H.B. 1655)
Mo. Rev. Stat. § 197.272 — MO Code / Chapter 197 / Section 197.272
197.272 State hospice advisory council established — members, qualifications — ...
Status: in_force

197.272. State hospice advisory council established — members, qualifications — appointment, terms, reappointment — compensation — duties. — 1. There is hereby established a "State Hospice Advisory Council" which shall guide, advise and make recommendations to the department of health and senior services.

2. Members of the council shall be United States citizens and residents of the state for a period of not less than one year. The council shall consist of five members who have experience with hospices. Of the members appointed to the council at least one shall be employed by or associated with each of the following:

(1) A home health agency-based hospice;

(2) A hospital-based hospice; and

(3) A hospice based in a rural area.

3. All members of the council shall be appointed by the director of the department. The term of office of each member shall be for five years. Before a member's term expires, the director of the department shall appoint a successor to assume the member's duties on the expiration of his or her predecessor's term. A vacancy in the office of a member shall be filled by appointment for the unexpired term. The members of the council shall annually designate one member to serve as chairperson and another to serve as secretary.

4. No member of the council who has served two full terms may be reappointed to the council until at least one year after the expiration of the member's most recent full term of office.

5. Members of the council shall receive no compensation for their service, but shall, subject to appropriations, be reimbursed for their actual and necessary expenses incurred in the performance of their duties.

6. The council shall advise and consult with the department of health and senior services in carrying out the administration of sections 197.250 to 197.280 , and shall:

(1) Consult and advise with the department in matters of policy affecting administration of sections 197.250 to 197.280 , and in the development of rules, regulations and standards provided for under sections 197.250 to 197.280 ;

(2) Review and make recommendations with respect to rules, regulations and standards authorized under sections 197.250 to 197.280 prior to their promulgation by the department of health and senior services.

(L. 1992 H.B. 899 § 12, A.L. 2002 H.B. 1953)
Mo. Rev. Stat. § 545.620 — MO Code / Chapter 545 / Section 545.620
545.620 Costs, how taxed and paid.
Status: in_force

545.620. Costs, how taxed and paid. — The costs and expenses necessarily incurred in the removal of any such cause under the foregoing provisions shall be adjusted and allowed by the court wherein the cause is tried, and shall be taxed as other costs in such cause.

(RSMo 1939 § 4034) Prior revisions: 1929 § 3645; 1919 § 3988; 1909 § 5195 CROSS REFERENCE: Change of venue, costs of, 550.120
Mo. Rev. Stat. § 469.417 — MO Code / Chapter 469 / Section 469.417
469.417 Beneficiary entitled to net income, when — asset subject to trust, when — ...
Status: in_force

469.417. Beneficiary entitled to net income, when — asset subject to trust, when — income interest. — 1. An income beneficiary is entitled to net income from the date on which the income interest begins. An income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive income interest.

2. An asset becomes subject to a trust:

(1) On the date it is transferred to the trust in the case of an asset that is transferred to a trust during the transferor's life;

(2) On the date of a testator's death in the case of an asset that becomes subject to a trust by reason of a will, even if there is an intervening period of administration of the testator's estate; or

(3) On the date of an individual's death in the case of an asset that is transferred to a fiduciary by a third party because of the individual's death.

3. An asset becomes subject to a successive income interest on the day after the preceding income interest ends, as determined pursuant to subsection 4 of this section, even if there is an intervening period of administration to wind up the preceding income interest.

4. An income interest ends on the day before an income beneficiary dies or another terminating event occurs, or on the last day of a period during which there is no beneficiary to whom a trustee may distribute income.

(L. 2001 H.B. 241)
Mo. Rev. Stat. § 210.1264 — MO Code / Chapter 210 / Section 210.1264
210.1264 Census and demographic information of children at facility and list of ...
Status: in_force

210.1264. Census and demographic information of children at facility and list of facility staff, when. — Upon request by the department or a law enforcement officer acting within the scope of his or her employment, any license-exempt residential care facility subject to the notification requirements of sections 210.1250 to 210.1286 shall provide a full census and demographic information of children at the residential care facility, including parental or other guardian contact information and a full list of officers, managers, contractors, volunteers with access to children, employees, and other support staff of the residential care facility; any person eighteen years of age or older who resides at or on the property of the residential care facility; and any person who has unsupervised contact with a resident of the residential care facility.

(L. 2021 H.B. 557 & 560) Effective 7-14-21
Mo. Rev. Stat. § 404.735 — MO Code / Chapter 404 / Section 404.735
404.735 Repeal of sections 486.550 to 486.595 does not affect validity of existing ...
Status: in_force

404.735. Repeal of sections 486.550 to 486.595 does not affect validity of existing durable powers of attorney. — 1. The repeal of the Missouri durable power of attorney law, sections 486.550 to 486.595 , shall not affect the validity of durable powers of attorney created under that law, the validity of the acts and transactions of attorneys in fact under authority granted in durable powers of attorney executed under that law, or the duties of attorneys in fact under durable powers of attorney executed under that law.

2. The provisions of sections 404.700 and 404.703 , subsections 2, 3 and 4 of section 404.705 , and sections 404.707 to 404.735 henceforth apply to durable powers of attorney executed before August 28, 1989, insofar as the application of sections 404.700 to 404.735 does not impair constitutionally vested rights.

3. A power of attorney that complies with the provisions of subsection 1 of section 404.705 and that was executed before August 28, 1989, is durable and valid after August 28, 1989.

4. A durable power of attorney executed under prior law need not be recorded as provided in that law to be effective and durable except as to conveyances of real estate; and the appointment of a legal representative for the principal or the principal's estate shall not require an accounting by an attorney in fact acting under a power of attorney executed under prior law, unless ordered by a court pursuant to a petition to the court under section 404.727 .

5. Compliance with the provisions of subsection 1 of section 404.705 is not required for durability of a power of attorney executed prior to January 1, 1990, if the form of the power of attorney was sufficient for durability under subdivision (2) of section 486.555 , RSMo 1986.

(L. 1989 H.B. 145 § 16)
Mo. Rev. Stat. § 272.320 — MO Code / Chapter 272 / Section 272.320
272.320 Division fence not to be removed — exceptions.
Status: in_force

272.320. Division fence not to be removed — exceptions. — No division fence shall be removed without the consent of all the owners thereof, unless for the purpose of opening a public road or highway or making repairs.

(L. 1963 p. 401 § 12)