FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 324.1138 — MO Code / Chapter 324 / Section 324.1138
324.1138 Rulemaking authority.
Status: in_force

324.1138. Rulemaking authority. — 1. The board shall adopt such rules and regulations as may be necessary to carry out the provisions of sections 324.1100 to 324.1148 .

2. The board may establish by rule requirements for a dual license to be issued to individuals who qualify separately for both a private investigator and private fire investigator licensure.

3. The board may establish by rule a code of conduct.

4. 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 324.1100 to 324.1148 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 under 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, 2007, shall be invalid and void.

(L. 2007 H.B. 780 merged with S.B. 308, A.L. 2011 H.B. 464)
Mo. Rev. Stat. § 52.010 — MO Code / Chapter 52 / Section 52.010
52.010 Election — term — residency — other requirements.
Status: in_force

52.010. Election — term — residency — other requirements. — 1. At the general election in 1906, and every four years thereafter, a collector, to be styled the collector of the revenue, shall be elected in each of the counties of this state, except counties under township organization, who shall hold his or her office for four years and until his successor is duly elected and qualified. The collector shall reside in the county from which such person is elected throughout his or her term in office.

2. Except in any county with a charter form of government, a candidate for the office of collector shall be at least twenty-one years of age and a resident of the state and the county in which he or she is a candidate for at least one year prior to the date of filing for such office. The candidate shall be a registered voter and current in the payment of all state income taxes and personal and real property taxes.

3. The candidate shall present to the election authority a copy of a signed affidavit from a surety company authorized to do business in this state, indicating that the candidate meets the statutory bond requirements for the office for which the candidate is filing.

(RSMo 1939 § 11055, A.L. 1959 S.B. 62, A.L. 1992 S.B. 833, A.L. 2012 H.B. 1106, A.L. 2013 H.B. 235) Prior revisions: 1929 § 9883; 1919 § 12875; 1909 § 11432 CROSS REFERENCES: Consolidation of offices, certain cities may require certain officers to perform like duties for cities, 82.280 Ex officio collector, county treasurer in township counties, 54.280 to 54.330 Township organization on adoption by county, term of collector, 65.600
Mo. Rev. Stat. § 77.709 — MO Code / Chapter 77 / Section 77.709
77.709 Powers of trustee.
Status: in_force

77.709. Powers of trustee. — The trustee shall have power to prosecute and defend to final judgment all suits instituted by or against the corporation, collect all moneys due the same, liquidate all lawful demands against the same, and for that purpose shall sell any property belonging to the corporation, or so much thereof as may be necessary, and generally to do all acts requisite to bring to a speedy close all the affairs of the corporation.

(L. 2016 S.B. 572)
Mo. Rev. Stat. § 376.1504 — MO Code / Chapter 376 / Section 376.1504
376.1504 Registration requirements — term of registration — renewal.
Status: in_force

376.1504. Registration requirements — term of registration — renewal. — 1. To register as a discount medical plan organization, an applicant shall:

(1) File with the director an application on a form approved and adopted by the director; and

(2) Pay to the director an application fee of two hundred fifty dollars.

2. A registration is valid for a one-year term and expires one year following the registration date unless it is renewed as provided in this section.

3. Before it expires, a registrant may renew the registration for an additional one-year term if the registrant:

(1) Otherwise is qualified to receive a registration;

(2) Files with the director a renewal application on a form approved and adopted by the director; and

(3) Pays a renewal fee of two hundred fifty dollars.

4. All amounts collected as registration or renewal fees shall be deposited into the insurance dedicated fund.

5. Nothing in this subsection shall require a provider who provides discounts to his or her own patients to obtain and maintain a registration as a discount medical plan organization.

(L. 2007 H.B. 818 merged with S.B. 66) Effective 8-28-07 (S.B. 66); 1-01-08 (H.B. 818)
Mo. Rev. Stat. § 506.381 — MO Code / Chapter 506 / Section 506.381
506.381 Court to review complaint.
Status: in_force

506.381. Court to review complaint. — 1. The court shall review, before docketing, if feasible, or as soon as practicable after docketing, a complaint in a civil action in which an offender seeks redress from a governmental entity, officer or employee and shall identify cognizable claims or dismiss the complaint or any portion of the complaint, if the complaint:

(1) Is frivolous, malicious or fails to state a claim upon which relief may be granted; or

(2) Seeks monetary relief from a defendant who is immune from such relief.

2. If a civil action or appeal of a civil judgment is dismissed on the grounds that it was frivolous, malicious or failed to state a claim upon which relief may be granted, the court may order attorneys' fees and court costs to the defendant, and payment shall be made pursuant to section 506.372 .

(L. 1997 S.B. 56 § 8)
Mo. Rev. Stat. § 81.160 — MO Code / Chapter 81 / Section 81.160
81.160 Enactment of ordinances — additional power (cities of 10,000 to 30,000).
Status: in_force

81.160. Enactment of ordinances — additional power (cities of 10,000 to 30,000). — All cities within this state having more than ten thousand and less than thirty thousand inhabitants, and having a special charter, in their corporate capacity are authorized and empowered to enact ordinances for the following purposes, in addition to the powers now conferred upon such cities by law.

(RSMo 1939 § 7480) Prior revisions: 1929 § 7327; 1919 § 8741
Mo. Rev. Stat. § 168.770 — MO Code / Chapter 168 / Section 168.770
168.770 Library information and technology program recognized — rulemaking authority.
Status: in_force

168.770. Library information and technology program recognized — rulemaking authority. — 1. For purposes of this section, the following terms mean:

(1) "School librarian" , a teacher who holds a certificate of license to teach under section 168.021 and is certified as a library media specialist by the department of elementary and secondary education;

(2) "School library information and technology program" , a school-based program that is staffed by a school librarian and that provides a broad, flexible array of services, resources, and instruction that support student mastery of the essential academic learning requirements and state standards in all subject areas and the implementation of any school improvement plan of the district.

2. Before July 1, 2019, the department of elementary and secondary education shall develop a process for recognition of a district's school library information and technology program.

3. The department of elementary and secondary education may promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in this section 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, 2018, shall be invalid and void.

(L. 2018 S.B. 743)
Mo. Rev. Stat. § 263.240 — MO Code / Chapter 263 / Section 263.240
263.240 Penalty for violation.
Status: in_force

263.240. Penalty for violation. — Any person who shall violate any of the provisions of section 263.190 is, upon conviction, guilty of a misdemeanor and a violation of section 263.190 is a misdemeanor .

(RSMo 1939 § 14264, A.L. 1941 p. 302 § 14264a, A.L. 1979 H.B. 259, A.L. 2011 H.B. 458 merged with S.B. 356) Prior revisions: 1929 § 12601; 1919 § 12122; 1909 § 747
Mo. Rev. Stat. § 361.250 — MO Code / Chapter 361 / Section 361.250
361.250 Extensions of time by director.
Status: in_force

361.250. Extensions of time by director. — For satisfactory cause to him shown, the director of finance may grant extensions of time to corporations to which this chapter is applicable, as follows:

(1) He or she may extend for not more than one year the time within which any such corporation may commence business. Such extension shall only be made by an order under his or her hand and official seal;

(2) He or she may extend, for not exceeding twenty days, the time within which any such corporation is required to make and file any report to the director;

(3) In all other cases where, by any provision of this chapter, he or she is given power to grant extensions of time, it shall be within his or her sound discretion to grant such extension.

(RSMo 1939 § 7901, A.L. 1980 H.B. 1195, A.L. 1981 S.B. 5 Revision, A.L. 2000 S.B. 896, A.L. 2019 S.B. 179) Prior revisions: 1929 § 5307; 1919 § 11695
Mo. Rev. Stat. § 191.332 — MO Code / Chapter 191 / Section 191.332
191.332 Supplemental newborn screening requirements — additional screenings — ...
Status: in_force

191.332. Supplemental newborn screening requirements — additional screenings — rulemaking authority. — 1. By January 1, 2002, the department of health and senior services shall, subject to appropriations, expand the newborn screening requirements in section 191.331 to include potentially treatable or manageable disorders, which may include but are not limited to cystic fibrosis, galactosemia, biotinidase deficiency, congenital adrenal hyperplasia, maple syrup urine disease (MSUD) and other amino acid disorders, glucose-6-phosphate dehydrogenase deficiency (G-6-PD), MCAD and other fatty acid oxidation disorders, methylmalonic acidemia, propionic acidemia, isovaleric acidemia and glutaric acidemia Type I.

2. By January 1, 2017, the department of health and senior services shall, subject to appropriations, expand the newborn screening requirements in section 191.331 to include severe combined immunodeficiency (SCID), also known as bubble boy disease. The department may increase the fee authorized under subsection 6 of section 191.331 to cover any additional costs of the expanded newborn screening requirements under this subsection.

3. By January 1, 2019, the department of health and senior services shall, subject to appropriations, expand the newborn screening requirements in section 191.331 to include spinal muscular atrophy (SMA) and Hunter syndrome (MPS II). The department may increase the fee authorized under subsection 6 of section 191.331 to cover any additional costs of the expanded newborn screening requirements under this subsection. To help fund initial costs incurred by the state, the department shall apply for available newborn screening grant funding specific to screening for spinal muscular atrophy and Hunter syndrome. The department shall have discretion in accepting the terms of such grants.

4. The department of health and senior services may promulgate rules to implement the provisions of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536 .

(L. 2001 H.B. 279, A.L. 2005 S.B. 74 & 49, A.L. 2016 H.B. 1682, A.L. 2017 S.B. 50)
Mo. Rev. Stat. § 479.162 — MO Code / Chapter 479 / Section 479.162
479.162 Municipal ordinance violations, no charge or fee for police reports or ...
Status: in_force

479.162. Municipal ordinance violations, no charge or fee for police reports or other documents or videos, when. — Notwithstanding any provision of law, supreme court rule, or court operating rule, in a proceeding for a municipal ordinance violation or any other proceeding before a municipal court if the charge carries the possibility of fifteen days or more in jail or confinement, a defendant shall not be charged any fee for obtaining a police report, probable cause statement, or any video relevant to the traffic stop or arrest. Such police report, probable cause statement, or video shall be provided by the prosecutor upon written request by the defendant for discovery.

(L. 2021 S.B. 53 & 60)
Mo. Rev. Stat. § 469.445 — MO Code / Chapter 469 / Section 469.445
469.445 Marital deduction, insufficient income, allowable actions.
Status: in_force

469.445. Marital deduction, insufficient income, allowable actions. — 1. If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the spouse with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from principal to income pursuant to section 469.405 and distributes to the spouse from principal pursuant to the terms of the trust are insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, the spouse may require the trustee to make property productive of income, convert property within a reasonable time, or exercise the power conferred by subsection 1 of section 469.405 . The trustee may decide which action or combination of actions to take.

2. In cases not governed by subsection 1 of this section, proceeds from the sale or other disposition of an asset are principal without regard to the amount of income the asset produces during any accounting period.

(L. 2001 H.B. 241)
Mo. Rev. Stat. § 622.550 — MO Code / Chapter 622 / Section 622.550
622.550 Enforcement powers of peace officers and division enforcement personnel, ...
Status: in_force

622.550. Enforcement powers of peace officers and division enforcement personnel, exceptions. — Subject to any exceptions which are applicable under section 307.400 or subsection 6 of section 390.063 , the officers and commercial motor vehicle inspectors of the state highway patrol, the enforcement personnel of the division of motor carrier and railroad safety, and other authorized peace officers of this state and any civil subdivision of this state, may enforce any of the provisions of Parts 350 through 399 of Title 49, Code of Federal Regulations, as those regulations have been and may periodically be amended, as they apply to motor vehicles and drivers operating in interstate or intrastate commerce within this state; except that the enforcement personnel of the division of motor carrier and railroad safety shall be authorized to enforce those regulations only within the terminals of motor carriers and private carriers by motor vehicle.

(L. 1996 S.B. 780 § 12)
Mo. Rev. Stat. § 385.436 — MO Code / Chapter 385 / Section 385.436
385.436 Admissibility of failure to comply evidence.
Status: in_force

385.436. Admissibility of failure to comply evidence. — Sections 385.400 to 385.436 apply * to all vehicle protection products sold or offered for sale on or after January 1, 2009. The failure of any person to comply with sections 385.400 to 385.436 prior to January 1, 2009, shall not be admissible in any court proceeding, administrative proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise be used to prove that the action of any person or the affected vehicle protection product was unlawful or otherwise improper. The adoption of sections 385.400 to 385.436 does not imply that a vehicle protection product warranty was insurance prior to January 1, 2009. The penalty provision of sections 385.400 to 385.436 do not apply to any violation of sections 385.400 to 385.436 relating to or in connection with the sale or failure to disclose in a retail installment contract or lease, or contract or agreement that provides for payments under a vehicle protection product warranty so long as the sale of such product, contract, or agreement was otherwise disclosed to the purchaser in writing at the time of the purchase or lease.

(L. 2008 S.B. 930 & 947) Effective 1-01-09 *Word "applies" appears in original rolls.
Mo. Rev. Stat. § 301.002 — MO Code / Chapter 301 / Section 301.002
301.002 Rules, procedure.
Status: in_force

301.002. Rules, procedure. — No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024 .

(L. 1986 H.B. 1367 & 1573 § 2, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
Mo. Rev. Stat. § 384.021 — MO Code / Chapter 384 / Section 384.021
384.021 Nonadmitted insurers, limitation on furnishing coverage — exempt commercial ...
Status: in_force

384.021. Nonadmitted insurers, limitation on furnishing coverage — exempt commercial purchaser, licensee exemptions. — 1. A surplus lines licensee shall not place coverage with a nonadmitted insurer, unless, at the time of placement, the surplus lines licensee has determined that the nonadmitted insurer is authorized to write the kind of insurance in its domiciliary jurisdiction and meets one of these criteria:

(1) Has capital and surplus or its equivalent under the laws of its domiciliary jurisdiction, which equals the greater of the minimum capital and surplus requirements under the laws of this state or fifteen million dollars, except that the requirements of this subdivision may be satisfied by an insurer's possessing less than the minimum capital and surplus upon an affirmative finding of acceptability by the director provided that the finding shall be based upon such factors as quality of management, capital and surplus of any parent company, company underwriting profit and investment income trends, market availability and company record and reputation within the industry, and in no event shall the director make an affirmative finding of acceptability when the nonadmitted insurer's capital and surplus is less than four million five hundred thousand dollars; or

(2) Appears on the most recent list of eligible surplus lines insurers published by the director from time to time but at least semiannually or on the most recent quarterly listing of alien insurers maintained by the international insurers department of the National Association of Insurance Commissioners.

2. Notwithstanding any other provision of this chapter or rules adopted to implement the provisions of this chapter, a surplus lines licensee seeking to procure or place nonadmitted insurance in Missouri for an exempt commercial purchaser shall not be required to satisfy any requirement to make a due diligence search to determine whether the full amount or type of insurance sought by such exempt commercial purchaser can be obtained from nonadmitted insurers if:

(1) The surplus lines licensee procuring or placing the surplus lines insurance has disclosed to the exempt commercial purchaser that such insurance may or may not be available from the admitted market that may provide greater protection with more regulatory oversight; and

(2) The exempt commercial purchaser has subsequently requested in writing the surplus lines licensee to procure or place such insurance from a nonadmitted insurer.

(L. 1987 H.B. 700 § 3, A.L. 1989 S.B. 250, A.L. 1994 H.B. 1449 merged with S.B. 687, A.L. 2011 S.B. 132, A.L. 2014 H.B. 1361)
Mo. Rev. Stat. § 88.647 — MO Code / Chapter 88 / Section 88.647
88.647 Opening, extending or widening county roads — duty of council as to benefits.
Status: in_force

88.647. Opening, extending or widening county roads — duty of council as to benefits. — Whenever a petition as is now provided by law is presented to the county commission of any county for the opening, extension or widening of any county road along and adjoining the corporate limits of any city of the third class, such commission shall proceed as is now authorized by law to condemn the right-of-way of such road, the maximum width of which shall not be over eighty feet. Before such road, however, shall be declared opened or the possession of such property for such right-of-way be taken for public use, the council of such city shall ascertain, in the manner herein provided in this chapter, the proportionate amount of benefits resulting to the owners of land adjacent thereto within the corporate limits of such city, who shall contribute toward compensating the person injured, and such amount shall constitute a lien in favor of the city on the said adjacent land, and the person or persons who shall be benefitted and so assessed shall pay in such manner as herein provided. The city authorities shall define by ordinance the limits within which private property is deemed benefitted by the opening, extension or widening as aforesaid, and the owners of private property within such limits shall be notified as herein set out, and appeals may be taken as herein provided.

(RSMo 1939 § 6974) Prior revisions: 1929 § 6828; 1919 § 8310; 1909 § 9246
Mo. Rev. Stat. § 374.783 — MO Code / Chapter 374 / Section 374.783
374.783 Surety recovery agents, license required — director to license, powers.
Status: in_force

374.783. Surety recovery agents, license required — director to license, powers. — 1. No person shall hold himself or herself out as being a surety recovery agent in this state, unless such person is licensed in accordance with the provisions of sections 374.783 to 374.789 . Licensed bail bond agents and general bail bond agents may perform fugitive recovery without being licensed as a surety recovery agent.

2. The director shall have authority to license all surety recovery agents in this state. The director shall have control and supervision over the licensing of such agents and the enforcement of the terms and provisions of sections 374.783 to 374.789 .

3. The director shall have the power to:

(1) Set and determine the amount of the fees authorized and required pursuant to sections 374.783 to 374.789 . The fees shall be set at a level sufficient to produce revenue which shall not substantially exceed the cost and expense of administering sections 374.783 to 374.789 . However, such fees shall not exceed one hundred fifty dollars for a two-year license; and

(2) Determine the sufficient qualifications of applicants for a license.

4. The director shall license for a period of two years all surety recovery agents in this state who meet the requirements of sections 374.783 to 374.789 .

(L. 2004 S.B. 1122)
Mo. Rev. Stat. § 478.260 — MO Code / Chapter 478 / Section 478.260
478.260 Probate division of circuit court established, jurisdiction.
Status: in_force

478.260. Probate division of circuit court established, jurisdiction. — 1. There shall be a probate division of the circuit court in each county and in the city of St. Louis.

2. In probate matters, the circuit judge or associate circuit judge serving in the probate division shall have general equitable jurisdiction.

(L. 1978 H.B. 1634, A.L. 1989 S.B. 127, et al.)