FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 173.081 — MO Code / Chapter 173 / Section 173.081
173.081 Rules and regulations, promulgation procedure.
Status: in_force

173.081. Rules and regulations, promulgation procedure. — The board may adopt rules as authorized in this chapter pursuant to the provisions of this section and chapter 536 . 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. 1993 S.B. 52 § 173.080, A.L. 1995 S.B. 3)
Mo. Rev. Stat. § 537.010 — MO Code / Chapter 537 / Section 537.010
537.010 Action for damages to property to survive regardless of death of either party.
Status: in_force

537.010. Action for damages to property to survive regardless of death of either party. — Actions for wrongs done to property or interests therein may be brought against the wrongdoer by the person whose property or interest therein is injured. If the person whose property or interest therein is injured is dead, the action survives and may be brought against the wrongdoer by the person appointed as fiduciary for the estate of the deceased person. If the wrongdoer is dead, the action also survives and may be brought and maintained in the manner set forth in section 537.021 . Such actions shall be brought and maintained in the same manner and with like effect in all respects as actions founded upon contracts.

(RSMo 1939 § 98, A.L. 1977 S.B. 147) Prior revisions: 1929 § 98; 1919 § 97; 1909 § 105 (1969) The charitable immunity doctrine is abolished and nongovernmental charitable institutions are liable for their own negligence and the negligence of their agents and employees acting within the scope of their employment. Abernathy v. Sisters of St. Mary's (Mo.), 446 S.W.2d 599. (1969) Churches are liable for their own negligence and the negligence of their agents and employees acting within the scope of their employment. Garnier v. St. Andrew Presbyterian Church of St. Louis, Mo. (Mo.), 446 S.W.2d 607. (1971) The doctrine of governmental immunity does not violate the constitutional rights of an injured party by depriving him of rights or property without due process. Wood v. County of Jackson (Mo.), 463 S.W.2d 834.
Mo. Rev. Stat. § 266.215 — MO Code / Chapter 266 / Section 266.215
266.215 Cooperation authorized, when.
Status: in_force

266.215. Cooperation authorized, when. — The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of sections 266.152 to 266.220 .

(L. 1972 S.B. 506 § 15) Effective 1-01-73
Mo. Rev. Stat. § 208.436 — MO Code / Chapter 208 / Section 208.436
208.436 Remittance to the department — deposit in dedicated fund.
Status: in_force

208.436. Remittance to the department — deposit in dedicated fund. — 1. (1) The Medicaid managed care organization reimbursement allowance owed or, if an offset has been requested, the balance, if any, after such offset, shall be remitted by the managed care organization to the department of social services. The remittance shall be made payable to the director of the department of revenue.

(2) The amount remitted shall be deposited in the state treasury to the credit of the "Medicaid Managed Care Organization Reimbursement Allowance Fund", which is hereby created for the sole purposes of providing payment to Medicaid managed care organizations. All investment earnings of the managed care organization reimbursement allowance fund shall be credited to the Medicaid managed care organization reimbursement allowance fund.

(3) The unexpended balance in the Medicaid managed care organization reimbursement allowance fund at the end of the biennium is exempt from the provisions of section 33.080 . The unexpended balance shall not revert to the general revenue fund, but shall accumulate in the Medicaid managed care organization reimbursement allowance fund from year to year.

(4) The state treasurer shall maintain records that show the amount of money in the Medicaid managed care organization reimbursement allowance fund at any time and the amount of any investment earnings on that amount. The department of social services shall disclose such information to any interested party upon written request.

2. An offset as authorized by this section or a payment to the Medicaid managed care organization reimbursement allowance fund shall be accepted as payment of the Medicaid managed care organization's obligation imposed by section 208.431 .

(L. 2005 S.B. 189) Effective 5-13-05 Expires 9-30-29; see § 208.437
Mo. Rev. Stat. § 265.220 — MO Code / Chapter 265 / Section 265.220
265.220 Prosecutions, procedure.
Status: in_force

265.220. Prosecutions, procedure. — Prosecutions under this chapter shall be begun and carried on in the same manner as other prosecutions for misdemeanors in this state.

(RSMo 1939 § 14305) Prior revision: 1929 § 12639
Mo. Rev. Stat. § 214.325 — MO Code / Chapter 214 / Section 214.325
214.325 Required deposits — deficiency — effect — penalty.
Status: in_force

214.325. Required deposits — deficiency — effect — penalty. — If the deposits to any endowed care trust fund are less than the total sum required to be set aside and deposited since the effective date of such sections, the cemetery operator shall correct such deficiency by depositing not less than twenty percent of such deficiency each year for five years and shall file, on the form provided by the division, a statement outlining the date and amount such deposits were made. If the cemetery operator fails to correct the deficiency with respect to funds maintained under section 214.330 , the cemetery operator shall thereafter not represent the cemetery as an endowed care cemetery. Any funds held in the cemetery's endowed care trust shall continue to be used for endowed care for that cemetery. The cemetery operator shall remain subject to the provisions of sections 214.270 to 214.410 for any cemetery or any section of the cemetery for which endowed care payments have been collected, subject to the penalties contained in section 214.410 , and civil actions as well as subject to any regulations promulgated by the division. For purposes of this section, the term "deficiency" shall mean a deficiency in the amount required to be deposited pursuant to section 214.320 , or a deficiency created by disbursements in excess of what is permitted under section 214.330 and shall not include or be affected by deficiencies or shortages caused by the fluctuating value of investments.

(L. 1990 H.B. 1079, A.L. 1994 S.B. 496, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
Mo. Rev. Stat. § 547.040 — MO Code / Chapter 547 / Section 547.040
547.040 Motion in arrest of judgment — abolished.
Status: in_force

547.040. Motion in arrest of judgment — abolished. — The motion in arrest of judgment is hereby abolished, and hereafter all the rights which heretofore could have been saved by the defendants in a motion in arrest, and which have not been waived by failure to make timely objections, may be saved in the motion for a new trial.

(RSMo 1939 § 4126) Prior revisions: 1929 § 3736; 1919 § 4080; 1909 § 5286
Mo. Rev. Stat. § 215.316 — MO Code / Chapter 215 / Section 215.316
215.316 Public hearing and consultations required before subsidies granted.
Status: in_force

215.316. Public hearing and consultations required before subsidies granted. — Prior to entering agreements to grant additional subsidies to the owner of a subsidized multifamily rental housing project, the Missouri housing development commission shall consult with the owner, the tenants, the local government, and HUD and shall hold a public hearing. The Missouri housing development commission shall give due consideration to any comments submitted by the tenants and the local government with regards to the expansion of affordability.

(L. 1989 H.B. 378 § 23)
Mo. Rev. Stat. § 51.010 — MO Code / Chapter 51 / Section 51.010
51.010 Office of county clerk created.
Status: in_force

51.010. Office of county clerk created. — In each county of this state there shall be an office of clerk of the county commission to be styled "The Office of the Clerk of the County Commission".

(L. 1945 p. 653 § 1)
Mo. Rev. Stat. § 323.030 — MO Code / Chapter 323 / Section 323.030
323.030 Liquefied petroleum gas container, who may refill.
Status: in_force

323.030. Liquefied petroleum gas container, who may refill. — No person, firm or corporation, other than the owner and those authorized by the owner so to do, shall sell, fill, refill, deliver or permit to be delivered, or use in any manner any liquefied petroleum gas container or receptacle for any gas, compound, or for any other purpose whatsoever.

(L. 1947 V. II p. 252 § 3)
Mo. Rev. Stat. § 516.160 — MO Code / Chapter 516 / Section 516.160
516.160 In account current, when cause of action accrued.
Status: in_force

516.160. In account current, when cause of action accrued. — In an action brought to recover a balance due on a mutual, open and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from time of the last item in the account on the adverse side.

(RSMo 1939 § 1019) Prior revisions: 1929 § 867; 1919 § 1322; 1909 § 1893
Mo. Rev. Stat. § 304.009 — MO Code / Chapter 304 / Section 304.009
304.009 Speed limit — violation, penalty.
Status: in_force

304.009. Speed limit — violation, penalty. — 1. Notwithstanding the provisions of section 304.010 , a speeding violation of section 304.010 which is over the posted speed limit by five miles per hour or less is an infraction. The court costs assessed for a violation of this section shall be the same as the costs assessed pursuant to section 304.010 .

2. No points shall be assessed pursuant to section 302.302 for any speeding violation which is over the posted speed limit by five miles per hour or less.

3. Notwithstanding any provisions of law to the contrary, a court may issue a warrant for failure to appear for any violation which is classified as an infraction.

(L. 1973 1st Ex. Sess. H.B. 1 § 1, A.L. 1975 H.B. 616 § 1, A.L. 1977 H.B. 375, A.L. 1979 H.B. 325, A.L. 1981 H.B. 474, A.L. 1987 S.B. 83, A.L. 1995 H.B. 717, A.L. 1996 H.B. 1047) Effective 3-13-96 (1984) Director of Revenue may not assess points for speeding violations on state limited access highways within city limits, if the city ordinance violates, duplicates, or concurs with, the state set limits. Knierim v. James (Mo. banc), 677 S.W.2d 322.
Mo. Rev. Stat. § 58.715 — MO Code / Chapter 58 / Section 58.715
58.715 Duties of medical examiner — prosecuting attorney to act as sheriff, when ...
Status: in_force

58.715. Duties of medical examiner — prosecuting attorney to act as sheriff, when (certain counties). — In addition to the duties prescribed by sections 58.010 , 58.020 , 58.060 , 58.090 , 58.160 , 58.375 , 58.451 , 58.455 and 58.700 to 58.765 the medical examiner shall perform those duties and functions prescribed by law for coroners which are not in conflict with the provisions of sections 58.010 , 58.020 , 58.060 , 58.090 , 58.160 , 58.375 , 58.451 , 58.455 , and 58.700 to 58.765 ; except that, the medical examiner shall not perform any duty of the sheriff. The duties of the sheriff which are prescribed by law for coroners shall be performed by the prosecuting attorney in all counties in which there is a medical examiner.

(L. 1973 S.B. 122 § 6)
Mo. Rev. Stat. § 66.351 — MO Code / Chapter 66 / Section 66.351
66.351 Federal decennial census results to be used for distribution of revenue ...
Status: in_force

66.351. Federal decennial census results to be used for distribution of revenue from cigarette tax, county sales tax and motor vehicle fuel tax, when. — For the purpose of distributing taxes under the provisions of Section 30(a) of Article IV of the State Constitution and sections 66.350 and 66.620 , the results of any federal decennial census shall not be considered final when initially certified by the United States government to the director of revenue. If such initial certification is received by the director prior to the first day of July, the census results shall be used for distributions made on or after January first of the next year. If such initial certification is received on or after the first day of July, the census results shall be used for distributions made on or after July first of the next year.

(L. 1992 H.B. 1709 § 1)
Mo. Rev. Stat. § 193.135 — MO Code / Chapter 193 / Section 193.135
193.135 New certificate of birth established or old one amended, when — inspection ...
Status: in_force

193.135. New certificate of birth established or old one amended, when — inspection of certain records by court order only. — 1. The state registrar shall establish a new certificate of birth for a person born in this state when he or she received the following:

(1) A certificate of decree of adoption as provided in section 193.125 or a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person;

(2) A request that a new certificate be established upon such evidence as required by the department proving that such person has been legitimated.

2. When a new certificate of birth is established, the actual place and date of birth shall be shown. The new certificate shall be substituted for the original certificate of birth in the files, and the original certificate of birth and the evidence of adoptions or legitimation shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by department rules.

3. Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended.

4. Upon receipt of a report or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by department rules.

5. When a new certificate of birth is established by the state registrar, all copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection or forwarded to the state registrar, as he directs.

(L. 1984 S.B. 574)
Mo. Rev. Stat. § 80.200 — MO Code / Chapter 80 / Section 80.200
80.200 Repair of sidewalks — publication of notice.
Status: in_force

80.200. Repair of sidewalks — publication of notice. — If the notice in writing cannot be personally served in the state as provided herein, or if the owner or owners are unknown and cannot be personally served, the board of trustees shall cause four weeks' notice to be published in the English language, in some daily or weekly newspaper published in the county in which the property or lot is situated, setting forth all the facts required in the written notice in section 80.190 .

(RSMo 1939 § 7257) Prior revisions: 1929 § 7106; 1919 § 8555; 1909 § 9443
Mo. Rev. Stat. § 475.125 — MO Code / Chapter 475 / Section 475.125
475.125 Support and education of protectee and dependents.
Status: in_force

475.125. Support and education of protectee and dependents. — 1. The court may make orders for the management of the estate of the protectee for the care, education, treatment, habilitation, respite, support and maintenance of the protectee and for the support and maintenance of the protectee's family and education of the protectee's spouse and children, according to the protectee's means and obligation, if any, out of the proceeds of the protectee's estate, and may direct that payments for such purposes shall be made weekly, monthly, quarterly, semiannually or annually. The payments ordered under this section may be decreased or increased from time to time as ordered by the court.

2. In setting the amount of the support allowance for the protectee or any other persons entitled to such support, the court shall consider the previous standard of living of the spouse or other family members, the composition of the estate, the income and other assets available to the protectee and the other persons, and the expenses of the protectee or the other persons entitled to support.

3. Appropriations for any such purposes, expenses of administration and allowed claims shall be paid from the property or income of the estate. The court may authorize the conservator to borrow money and obligate the estate for the payment thereof if the court finds that funds of the estate for the payment of such obligation will be available within a reasonable time and that the loan is necessary. If payments are made to another under the order of the court, the conservator of the estate is not bound to see to the application thereof.

4. In acting under this section the court shall take into account any duty imposed by law or contract upon a parent or spouse of the protectee, a government agency, a trustee, or other person or corporation, to make payments for the benefit of or provide support, education, care, treatment, habilitation, respite, maintenance or safekeeping of the protectee and the protectee's dependents. The guardian of the person and the conservator of the estate shall endeavor to enforce any such duty.

(RSMo 1939 §§ 402, 474, A.L. 1955 p. 385 § 307, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 2016 H.B. 1765, A.L. 2018 S.B. 806) Prior revisions: 1929 §§ 402, 475; 1919 §§ 398, 472; 1909 §§ 430, 502
Mo. Rev. Stat. § 377.380 — MO Code / Chapter 377 / Section 377.380
377.380 Annual report.
Status: in_force

377.380. Annual report. — The annual business of each and every corporation, company or association transacting business under the provisions of sections 377.200 to 377.460 shall close on the thirty-first day of December of each year, and it shall, within sixty days thereafter, prepare and file in the office of the director or other officer having supervision of insurance matters, a detailed statement, made upon blanks furnished by the department of commerce and insurance, and verified under oath by the president and secretary of the company or association, giving all information in detail that the department of commerce and insurance may require, so that its true financial condition may be known.

(RSMo 1939 § 5889) Prior revisions: 1929 § 5778; 1919 § 6188; 1909 § 6982
Mo. Rev. Stat. § 375.236 — MO Code / Chapter 375 / Section 375.236
375.236 Certificate of authority revoked, when.
Status: in_force

375.236. Certificate of authority revoked, when. — Other provisions of law notwithstanding, the director may suspend or revoke, after a hearing, the certificate of authority or license of any insurance company including a reciprocal or interinsurance exchange for the same reasons and upon the same grounds as set forth in section 374.047 .

(L. 1963 p. 485 § 375.155, A.L. 1967 p. 516, A.L. 2007 S.B. 66)
Mo. Rev. Stat. § 367.048 — MO Code / Chapter 367 / Section 367.048
367.048 Criminal charges filed and disposition of case, notice to pawnbroker, duty ...
Status: in_force

367.048. Criminal charges filed and disposition of case, notice to pawnbroker, duty of prosecutor or circuit attorney — release of hold order, procedure. — 1. The prosecuting attorney or the circuit attorney shall notify the pawnbroker in writing in cases where criminal charges have been filed and the property may be needed as evidence. The notice shall contain the case number, the style of the case and a description of the property.

2. The pawnbroker shall hold such property until receiving notice of the disposition of the case from the prosecuting attorney or the circuit attorney. The prosecuting attorney or the circuit attorney shall notify the pawnbroker and claimant in writing within fifteen days of the disposition of the case.

(L. 1993 S.B. 18, A.L. 1998 H.B. 1526)
Mo. Rev. Stat. § 334.1212 — MO Code / Chapter 334 / Section 334.1212
334.1212 Active duty military personnel or their spouses
Status: in_force

*334.1212. Active duty military personnel or their spouses — A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:

A. Home of record;

B. Permanent change of station (PCS); or

C. State of current residence if it is different than the PCS state or home of record.

(L. 2016 H.B. 1816 merged with S.B. 608 merged with S.B. 635 merged with S.B. 973) Effective 4-25-17, see § 334.1230. *S.B. 608 was vetoed July 5, 2016. The veto was overridden on September 14, 2016.
Mo. Rev. Stat. § 78.300 — MO Code / Chapter 78 / Section 78.300
78.300 Qualifications of officers and employees — unlawful promises — statement of ...
Status: in_force

78.300. Qualifications of officers and employees — unlawful promises — statement of campaign expenses. — All officers and employees in any such city shall be elected or appointed with reference to their qualifications and fitness and for the good of the public service, and without reference to their political faith or party affiliations. It shall be unlawful for any candidate for office or any officer in any such city directly or indirectly to give or promise any person or persons any office, position, employment, benefit, or any thing of value, for the purpose of influencing or obtaining the political support, aid or vote of any person or persons. Every elective officer in any such city shall, within thirty days after qualifying, file with the city clerk, and publish at least once in a daily newspaper of general circulation his sworn statement of all his election and campaign expenses, and by whom such funds were contributed. Any violations of the provisions of this section shall be a misdemeanor and be ground for removal from office.

(RSMo 1939 § 7070) Prior revisions: 1929 § 6920; 1919 § 8387
Mo. Rev. Stat. § 578.095 — MO Code / Chapter 578 / Section 578.095
578.095 Desecration of flags — penalty.
Status: in_force

578.095. Desecration of flags — penalty. — 1. A person commits the offense of desecrating a flag if he or she purposefully and publicly mutilates, defaces, defiles, tramples upon or otherwise desecrates the national flag of the United States or the state flag of the state of Missouri.

2. The offense of desecrating a flag is a class A misdemeanor.

(L. 1980 H.B. 965 § 1, A.L. 2014 S.B. 491) Effective 1-01-17 (2014) Section is overbroad and is facially unconstitutional under the First Amendment. Snider v. City of Cape Girardeau, 752 F.3d 1149 (8th Cir.)