FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 67.1832 — MO Code / Chapter 67 / Section 67.1832
67.1832 Political subdivisions required to consent to certain activities by public ...
Status: in_force

67.1832. Political subdivisions required to consent to certain activities by public utility right-of-way users — recovery of costs, procedure — permitted ordinance requirements. — 1. In addition to any other grants for the use of public thoroughfares, and pursuant to this section, a political subdivision shall grant its consent to a public utility right-of-way user authorized to do business pursuant to the laws of this state or by license of the Federal Energy Regulatory Commission, United States Department of Transportation, or the Federal Communications Commission to construct, maintain and operate all equipment, facilities, devices, materials, apparatuses, or media including but not limited to, conduits, ducts, lines, pipes, wires, hoses, cables, culverts, tubes, poles, towers, manholes, transformers, regulator stations, underground vaults, receivers, transmitters, satellite dishes, micro cells, Pico cells, repeaters, or amplifiers useable for the transmission or distribution of any service or commodity installed below or above ground in the public right-of-way; provided that, no political subdivision shall require any conditions that are inconsistent with the rules and regulations of the Federal Energy Regulatory Commission, United States Department of Transportation, Federal Communications Commission or the Missouri public service commission.

2. Pursuant to this section, a political subdivision may manage its public rights-of-way and may recover its rights-of-way management costs as set forth in sections 67.1830 to 67.1846 . The authority granted in this section may be authorized at the option of the political subdivision, and the exercise of this authority is not mandated pursuant to this section. A political subdivision may, by ordinance:

(1) Require a public utility right-of-way user seeking to excavate within a public right-of-way to obtain a right-of-way permit and to impose permit conditions consistent with the political subdivision's management of the right-of-way;

(2) Require public utility right-of-way users to provide required notice to the political subdivision by submitting plans for anticipated construction projects that require excavation within the public right-of-way; and

(3) In cases of emergency, public utility right-of-way users may proceed with required work without a permit; however, a political subdivision may require submission of the necessary information and permit fee following the emergency.

(L. 2001 S.B. 369)
Mo. Rev. Stat. § 325.010 — MO Code / Chapter 325 / Section 325.010
325.010 Definitions.
Status: in_force

325.010. Definitions. — As used in sections 325.010 to 325.055 , unless the context clearly requires another meaning, the following words and phrases mean:

(1) "Director" , the director of the department of commerce and insurance;

(2) "Public adjuster" , any person, partnership, association or corporation engaging in the adjustment or settlement of claims for losses or damages arising out of policies of fire or allied lines of insurances; but does not include persons, partnerships, associations or corporations engaged in the adjustment or settlement of claims for losses or damages arising out of other types of policies for casualty insurance; and does not include attorneys at law; and does not include an agent or employee of an issuer of policies of insurance against loss or damage by fire or allied casualty; nor to an insurance broker acting as an adjuster without compensation for a client for whom he is acting as broker;

(3) "Public adjuster solicitor" , any person, other than clerical employees, employed by a public adjuster who solicits or aids in securing any contract for adjustment for a public adjuster, or who acts for or with a public adjuster in making settlements or adjustments of claims.

(L. 1973 S.B. 28 § 1, A.L. 2008 S.B. 788)
Mo. Rev. Stat. § 196.225 — MO Code / Chapter 196 / Section 196.225
196.225 Employees with communicable disease prohibited, where.
Status: in_force

196.225. Employees with communicable disease prohibited, where. — No employer shall require or permit a person, nor shall a person work, affected with any disease in a communicable form or while a carrier of such disease, to work in any building or vehicle occupied or used for the production, preparation, manufacture, packing, storage, sale, distribution, and transportation of food in any capacity which brings the person into contact with the food.

(RSMo 1939 § 9895, A.L. 1977 S.B. 262) Prior revisions: 1929 § 13046; 1919 § 5692
Mo. Rev. Stat. § 106.140 — MO Code / Chapter 106 / Section 106.140
106.140 Manner of taking depositions.
Status: in_force

106.140. Manner of taking depositions. — Such depositions shall be taken in the same manner and the same notice be given as where depositions are taken in circuit court.

(RSMo 1939 § 12844, A.L. 1945 p. 1319 § 12848) Prior revisions: 1929 § 11218; 1919 § 9191; 1909 § 10220
Mo. Rev. Stat. § 494.480 — MO Code / Chapter 494 / Section 494.480
494.480 Peremptory challenges — civil cases, multiple parties, allocation — ...
Status: in_force

494.480. Peremptory challenges — civil cases, multiple parties, allocation — criminal cases — qualification of juror as basis for new trial — costs for impaneling jury to be paid, when. — 1. In trials of civil causes each party shall be entitled to peremptorily challenge three jurors. When there are multiple plaintiffs or defendants, all plaintiffs and all defendants shall join in their challenges as if there were one plaintiff and one defendant. The court in its discretion may allocate the allowable peremptory challenges among the parties plaintiff or defendant upon good cause shown and as the ends of justice require. In all cases, the plaintiff shall announce its challenges first.

2. In all criminal cases, the state and the defendant shall be entitled to a peremptory challenge of jurors as follows:

(1) If the offense charged is punishable by death, the state shall have the right to challenge nine and the defendant nine;

(2) In all other cases punishable by imprisonment in the penitentiary, the state shall have the right to challenge six and the defendant six;

(3) In all cases not punishable by death or imprisonment in the penitentiary, the state and the defendant shall each have the right to challenge two.

3. In all criminal cases where several defendants are tried together, the following provisions shall apply:

(1) Each defendant then on trial shall be allowed separate peremptory challenges as provided in subsection 2 of this section;

(2) The number of peremptory challenges allowed the state by subsection 2 of this section shall be multiplied by the number of defendants then on trial in each case.

4. Within such time as may be ordered by the court, the state shall announce its peremptory challenges first and the defendants thereafter. The qualifications of a juror on the panel from which peremptory challenges by the defense are made shall not constitute a ground for the granting of a motion for new trial or the reversal of a conviction or sentence unless such juror served upon the jury at the defendant's trial and participated in the verdict rendered against the defendant.

5. If the defendant pleads guilty to a lesser or included offense other than the offense charged in the information or indictment in return for a specific lesser sentence than such defendant would likely have received if such defendant were found guilty of the crime charged, or makes any other plea bargaining arrangement, at any time after the jury is impaneled such defendant shall be liable to the county for the costs associated with impaneling the jury.

(L. 1989 S.B. 127, et al., A.L. 1993 S.B. 180, A.L. 1996 S.B. 869) Effective 7-01-97
Mo. Rev. Stat. § 367.170 — MO Code / Chapter 367 / Section 367.170
367.170 Regulations — authority of director — insurance — premiums deemed not to be ...
Status: in_force

367.170. Regulations — authority of director — insurance — premiums deemed not to be charges. — The director is authorized and empowered to make such general regulations as may be necessary for the enforcement of sections 367.100 to 367.200 and shall issue regulations providing and governing the types and limits of insurance and the issuance of policies which may be sold in connection with consumer credit loans. The cost of any insurance shall not exceed the standard rates and the insurance shall be obtained from an insurance company duly authorized to conduct business in this state and the licensee, or any of its employees, may be licensed as an insurance agent. Insurance premiums shall not be considered as interest, service charges or fees in connection with any loan. Each such regulation shall be consistent with sections 367.100 to 367.200 and shall be referenced to the specific provision of sections 367.100 to 367.200 which is to be enforced by it. Nothing in this section shall alter or amend the statutes of this state relating to insurance or affect the powers of the director of the department of commerce and insurance under statutes relating to credit life insurance and credit accident and health insurance.

(L. 1951 p. 262 § 8, A.L. 1984 S.B. 686 § 367.170 subsec. 1, A.L. 2026 H.B. 2423)
Mo. Rev. Stat. § 351.295 — MO Code / Chapter 351 / Section 351.295
351.295 Stock certificate, form, contents, authorized signatures.
Status: in_force

351.295. Stock certificate, form, contents, authorized signatures. — 1. The shares of a corporation shall be represented by certificates, provided that the articles of incorporation or bylaws, or a resolution or resolutions of the board of directors of the corporation, may provide that some or all of any or all classes or series of its stock shall be uncertificated shares. Any such provision of the articles of incorporation or bylaws or resolution of the board of directors shall not apply to shares represented by a certificate until such certificate is surrendered to the corporation. Notwithstanding such a provision of the articles of incorporation or bylaws, or the adoption of such a resolution by the board of directors, every holder of stock represented by certificates shall be entitled to have a certificate. Except as otherwise provided in the articles of incorporation or bylaws, such certificate shall be signed by the president or a vice president and by the secretary or an assistant secretary or the treasurer or an assistant treasurer of such corporation and sealed with the seal of the corporation. Any or all the signatures on the certificate may be a facsimile and the seal may be facsimile, engraved or printed. In case any officer, transfer agent or registrar who has signed or whose facsimile signature has been placed on a certificate shall have ceased to be such officer, transfer agent or registrar before such certificate is issued, the certificate may nevertheless be issued by the corporation with the same effect as if the person were an officer, transfer agent or registrar at the date of issue. Every holder of uncertificated shares is entitled to receive a statement of holdings as evidence of share ownership.

2. Every certificate for shares without par value shall have plainly stated upon its face the number of shares which it represents, and no certificate shall express any par value for such shares or a rate of dividend to which such shares shall be entitled in terms of percentage of any par or other value.

(RSMo 1939 §§ 5025, 5549, A.L. 1943 p. 410 § 22, A.L. 1972 H.B. 1149, A.L. 1975 S.B. 14, A.L. 1987 H.B. 349, A.L. 2005 H.B. 678, A.L. 2006 H.B. 1715) Prior revision: 1929 § 5106
Mo. Rev. Stat. § 311.280 — MO Code / Chapter 311 / Section 311.280
311.280 Unlawful for licensed retailer to purchase from other than licensed ...
Status: in_force

311.280. Unlawful for licensed retailer to purchase from other than licensed wholesaler — prohibited acts. — 1. It shall be unlawful for any person in this state holding a retail liquor license to purchase any intoxicating liquor except from, by or through a duly licensed wholesale liquor dealer in this state. It shall be unlawful for such retail liquor dealer to sell or offer for sale any intoxicating liquor purchased in violation of the provisions of this section. Any person violating any provision of this section shall be deemed guilty of a misdemeanor.

2. Any retailer licensed pursuant to this chapter shall not:

(1) Sell intoxicating liquor with an alcohol content of less than five percent by weight to the consumer in an original carton received from the wholesaler that has been mutilated, torn apart, or cut apart; or

(2) Repackage intoxicating liquor with an alcohol content of less than five percent by weight in a manner misleading to the consumer or that results in required labeling being omitted or obscured.

(RSMo 1939 § 4913, A.L. 2003 S.B. 298, A.L. 2009 H.B. 132)
Mo. Rev. Stat. § 545.180 — MO Code / Chapter 545 / Section 545.180
545.180 Certain indictments, what designation sufficient.
Status: in_force

545.180. Certain indictments, what designation sufficient. — In any indictment for forging, uttering, stealing, embezzling, destroying or concealing, or for obtaining by color of any false token, writing, or false pretenses, any instrument or property, it shall be sufficient to describe such instrument or property by any name or designation by which the same may be usually known, or by the purport thereof, without setting out any copy or facsimile thereof, or otherwise describing the same, or the value thereof.

(RSMo 1939 § 3945) Prior revisions: 1929 § 3556; 1919 § 3901; 1909 § 5108
Mo. Rev. Stat. § 43.025 — MO Code / Chapter 43 / Section 43.025
43.025 Primary purpose of highway patrol.
Status: in_force

43.025. Primary purpose of highway patrol. — 1. The primary purpose of the highway patrol is to enforce the traffic laws and promote safety upon the highways. As near as practicable all personnel of the patrol shall be used for carrying out these purposes.

2. As near as practicable, all personnel of the patrol shall be utilized in carrying out the provisions of sections 43.350 to 43.380 .

(L. 1957 p. 619 § 43.130, A.L. 1969 H.B. 670, A.L. 1983 S.B. 294)
Mo. Rev. Stat. § 67.981 — MO Code / Chapter 67 / Section 67.981
67.981 Notes authorized — sales — interest rate — to mature when.
Status: in_force

67.981. Notes authorized — sales — interest rate — to mature when. — Pending the issuance of bonds, the commission may issue notes payable from the proceeds of such bonds or from such other sources as the commission may specify as in the case of bonds. Such notes shall mature in not more than five years and shall be sold at public or private sale as the commission may specify at not less than ninety-five percent of the principal amount thereof and at an interest rate not in excess of the maximum rate, if any, applicable to general and business corporations. The other details with respect to such notes shall be determined by the commission as in the case of bonds.

(L. 1983 H.B. 788 § 6)
Mo. Rev. Stat. § 67.594 — MO Code / Chapter 67 / Section 67.594
67.594 Deposit — distribution to counties, when — refunds authorized — tax ...
Status: in_force

67.594. Deposit — distribution to counties, when — refunds authorized — tax abolished, effect (Buchanan County). — 1. All sales taxes collected by the director of revenue under sections 67.590 to 67.594 on behalf of any county, less one percent for cost of collection which shall be deposited in the state's general revenue fund after payment of premiums for surety bonds as provided in section 32.087 , shall be deposited with the state treasurer in a special trust fund, which is hereby created, to be known as the "County Correctional Facility Sales Tax Trust Fund". The moneys in the county correctional facility sales tax trust fund shall not be deemed to be state funds and shall not be commingled with any funds of the state. The director of revenue shall keep accurate records of the amount of money in the trust fund which was collected in each county imposing a sales tax under sections 67.590 to 67.594 , and the records shall be open to the inspection of officers of the county and the public. Not later than the tenth day of each month the director of revenue shall distribute all moneys deposited in the trust fund during the preceding month to the county which levied the tax; such funds shall be deposited with the county treasurer of each such county, and all expenditures of funds arising from the county correctional facility sales tax trust fund shall be by an appropriation act to be enacted by the governing body of each such county.

2. The director of revenue may authorize the state treasurer to make refunds from the amounts in the trust fund and credited to any county for erroneous payments and overpayments made, and may redeem dishonored checks and drafts deposited to the credit of such counties. If any county abolishes the tax, the county shall notify the director of revenue of the action at least ninety days prior to the effective date of the repeal and the director of revenue may order retention in the trust fund, for a period of one year, of two percent of the amount collected after receipt of such notice to cover possible refunds or overpayment of the tax and to redeem dishonored checks and drafts deposited to the credit of such accounts. After one year has elapsed after the effective date of abolition of the tax in such county, the director of revenue shall authorize the state treasurer to remit the balance in the account to the county and close the account of that county. The director of revenue shall notify each county of each instance of any amount refunded or any check redeemed from receipts due the county.

(L. 1983 H.B. 852 § 5, A.L. 1991 H.B. 29)
Mo. Rev. Stat. § 443.865 — MO Code / Chapter 443 / Section 443.865
443.865 Escrow accounts, placement by brokers — authority for rules.
Status: in_force

443.865. Escrow accounts, placement by brokers — authority for rules. — The director may promulgate rules with respect to placement in escrow accounts by any residential mortgage loan broker of any money, funds, deposits, checks or drafts entrusted to the residential mortgage loan broker.

(L. 1994 S.B. 718 § 23, A.L. 1995 H.B. 63, et al., A.L. 2009 H.B. 382) Effective 7-08-09
Mo. Rev. Stat. § 335.097 — MO Code / Chapter 335 / Section 335.097
335.097 Board of nursing, powers, enforcement.
Status: in_force

335.097. Board of nursing, powers, enforcement. — 1. The president or secretary of the board of nursing may administer oaths, issue subpoenas duces tecum and require production of documents and records. Subpoenas duces tecum shall be served by a person authorized to serve subpoenas of courts of record. In lieu of requiring attendance of a person to produce original documents in response to a subpoena duces tecum, the board may require sworn copies of such documents to be filed with it or delivered to its designated representative.

2. The board may enforce its subpoenas duces tecum by applying to a circuit court of Cole County, the county of the investigation, hearing or proceeding, or any county where the person resides or may be found, for an order upon any person who shall fail to comply with a subpoena duces tecum to show cause why such subpoena should not be enforced, which such order and a copy of the application therefor shall be served upon the person in the same manner as a summons in a civil action, and if the circuit court shall, after a hearing, determine that the subpoena duces tecum should be sustained and enforced, such court shall proceed to enforce the subpoena duces tecum in the same manner as though the subpoena duces tecum had been issued in a civil case in the circuit court.

3. Reports made to the board under the mandated reporting requirements as defined in chapter 383 shall not be deemed a violation of the federal Health Insurance Portability and Accountability Act (HIPAA) and the privacy rules located in the Act because the Missouri state board of nursing qualifies as a health oversight agency as defined in the HIPAA privacy rules.

(L. 1999 H.B. 343 § 4, A.L. 2007 H.B. 780 merged with S.B. 308)
Mo. Rev. Stat. § 191.1102 — MO Code / Chapter 191 / Section 191.1102
191.1102 Additional licensure not required, when — inapplicability.
Status: in_force

*191.1102. Additional licensure not required, when — inapplicability. — 1. Notwithstanding any provision of law to the contrary, no additional license or certificate otherwise required by state law is necessary for the voluntary provision of health care services by any person who:

(1) Is a licensed health care provider;

(2) Lawfully practices under an exception to the licensure or certification requirements of any state, territory, district, or possession of the United States; provided that the person does not and will not regularly practice in the state of Missouri.

2. The provisions of subsection 1 of this section shall not apply to:

(1) Any person whose license or certificate is suspended or revoked under disciplinary proceedings in any jurisdiction; or

(2) A licensed health care provider who renders services outside the scope of practice authorized by the provider's licensure, certification, or exception to such licensure or certification.

(L. 2013 S.B. 129) *Effective 10-11-13, see § 21.250. S.B. 129 was vetoed July 3, 2013. The veto was overridden on September 11, 2013.
Mo. Rev. Stat. § 451.180 — MO Code / Chapter 451 / Section 451.180
451.180 New certificate obtained, how.
Status: in_force

451.180. New certificate obtained, how. — In all counties in this state where records of marriages have been destroyed by fire or otherwise, any person whose record of marriage has been destroyed, or the heirs or descendants of such person, may obtain from the officer or minister who solemnized such marriage a certificate, showing dates, names of parties married, and witnesses present at said solemnization of marriage, so far as said officer or minister may be able to certify the same; and the record of said certificate shall be prima facie evidence of said marriage in all the courts of this state.

(RSMo 1939 § 3645) Prior revisions: 1929 § 3255; 1919 § 10617; 1909 § 10428
Mo. Rev. Stat. § 217.945 — MO Code / Chapter 217 / Section 217.945
217.945 Correctional center nursery program fund created, use of moneys.
Status: in_force

217.945. Correctional center nursery program fund created, use of moneys. — 1. There is hereby created in the state treasury the "Correctional Center Nursery Program Fund", which shall consist of money collected under this section and section 217.944 as well as any appropriations made by the general assembly. The department shall obtain sufficient resources to initiate and maintain the program and may accept gifts, grants, and donations of any kind. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180 , the state treasurer may approve disbursements. The fund shall be a dedicated fund and money in the fund shall be used solely by the department for the purposes of operating and maintaining sections 217.940 to 217.947 .

2. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

3. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.

(L. 2022 S.B. 683)