FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 213.101 — MO Code / Chapter 213 / Section 213.101
213.101 Construction of statutes — abrogation of certain case law and jury instructions.
Status: in_force

213.101. Construction of statutes — abrogation of certain case law and jury instructions. — 1. The provisions of this chapter shall be construed to accomplish the purposes thereof and any law inconsistent with any provision of this chapter shall not apply. Nothing contained in this chapter shall be deemed to repeal any of the provisions of any law of this state relating to discrimination because of race, color, religion, national origin, sex, ancestry, age, disability, or familial status.

2. The general assembly hereby expressly abrogates the case of McBryde v. Ritenour School District , 207 S.W.3d 162 (Mo.App. E.D. 2006), and its progeny as it relates to the necessity and appropriateness of the issuance of a business judgment instruction. In all civil actions brought under this chapter, a jury shall be given an instruction expressing the business judgment rule.

3. If an employer in a case brought under this chapter files a motion pursuant to rule 74.04 of the Missouri rules of civil procedure, the court shall consider the burden-shifting analysis of McDonnell Douglas Corp. v. Green , 411 U.S. 792 (1973), and its progeny to be highly persuasive for analysis in cases not involving direct evidence of discrimination.

4. The general assembly hereby expressly abrogates by this statute the cases of Daugherty v. City of Maryland Heights , 231 S.W.3d 814 (Mo. 2007) and its progeny as they relate to the contributing factor standard and abandonment of the burden-shifting framework established in McDonnell Douglas Corp. v. Green , 411 U.S. 792 (1973).

5. The general assembly hereby expressly abrogates by this statute the holding in Hurst v. Kansas City Mo. School District , 437 S.W.3d 327 (Mo.App. W.D. 2014), that Missouri Approved Instruction 19.01 may be applied to actions brought pursuant to this chapter, and the holding in Thomas v. McKeever's Enterprises, Inc. , 388 S.W.3d 206 (Mo.App. W.D. 2012), that juries shall not be instructed that plaintiffs bear the burden of establishing "but for" causation in actions brought pursuant to this chapter.

6. The general assembly hereby abrogates all Missouri-approved jury instructions specifically addressing civil actions brought under this chapter which were in effect prior to August 28, 2017.

(L. 1986 S.B. 513 § 213.100, A.L. 1992 H.B. 1619, A.L. 1998 S.B. 786, A.L. 2017 S.B. 43)
Mo. Rev. Stat. § 198.186 — MO Code / Chapter 198 / Section 198.186
198.186 Local crime investigation powers not diminished.
Status: in_force

198.186. Local crime investigation powers not diminished. — The powers of the director of the fraud investigation division under sections 198.139 to 198.186 shall not diminish the powers of local authorities to investigate criminal conduct within their jurisdiction.

(L. 1979 S.B. 328, et al. § 60) Effective 7-1-79
Mo. Rev. Stat. § 67.2680 — MO Code / Chapter 67 / Section 67.2680
67.2680 Satellite or streaming video services, no new tax, license, or fee.
Status: in_force

67.2680. Satellite or streaming video services, no new tax, license, or fee. — The state or any other political subdivision shall not impose any new tax, license, or fee in addition to any tax, license, or fee already authorized on or before August 28, 2021, upon the provision of satellite or streaming video service.

(L. 2021 H.B. 271 merged with S.B. 153 & 97)
Mo. Rev. Stat. § 143.971 — MO Code / Chapter 143 / Section 143.971
143.971 Returns and forms.
Status: in_force

143.971. Returns and forms. — 1. The director of revenue may prescribe the form and contents of any return or other document required to be filed under the provisions of sections 143.011 to 143.996 .

2. The director of revenue for the purpose of ascertaining the correctness of any return, or for the purpose of making an estimate of taxable income of any person, shall have power to examine or to cause to have examined, by any agent or representative designated by him for that purpose, any books, papers, records, or memoranda bearing upon the matters required to be included in the return, and may require the attendance of the person rendering the return or any officer or employee of such person, or the attendance of any other person having knowledge in the premises, and may take testimony and require proof material for his information, with power to administer oaths to such person or persons.

3. Reports and returns required to be filed under sections 143.011 to 143.996 shall be preserved for four years and thereafter until the director of revenue orders them to be destroyed.

(L. 1972 S.B. 549) Effective 1-1-73, see § 143.109
Mo. Rev. Stat. § 354.115 — MO Code / Chapter 354 / Section 354.115
354.115 Member's grievance, how and where filed — director may investigate, court ...
Status: in_force

354.115. Member's grievance, how and where filed — director may investigate, court action not barred. — Any individual member of a corporation subject to the provisions of sections 354.010 to 354.380 who believes himself to be aggrieved by any act or omission of such corporation or its officers, directors, or employees may file a statement in writing of his grievance in the office of the director, and the director may make such investigation of such grievance as he deems appropriate. No such investigation by the director shall act as a bar to any suit in a court of competent jurisdiction instituted by any such member, or as a bar to any defense thereto by the corporation involved.

(L. 1973 S.B. 3 § 22, A.L. 1983 H.B. 127)
Mo. Rev. Stat. § 192.390 — MO Code / Chapter 192 / Section 192.390
192.390 Cost of certain formulas to be provided — rulemaking authority.
Status: in_force

192.390. Cost of certain formulas to be provided — rulemaking authority. — 1. The department shall provide coverage, subject to state and federal appropriations, for the full cost of amino acid-based elemental formulas, meaning formulas made from single nonallergenic amino acids, for children under nineteen years of age with a medical diagnosis of immunoglobulin E and nonimmunoglobulin E mediated allergies to multiple food proteins, food protein-induced enterocolitis syndrome, eosinophilic disorders, and impaired absorption of nutrients caused by disorders affecting the absorptive surface, functional length, and motility of the gastrointestinal tract.

2. The department may promulgate rules and regulations 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, 2015, shall be invalid and void.

(L. 2015 S.B. 354)
Mo. Rev. Stat. § 390.372 — MO Code / Chapter 390 / Section 390.372
390.372 Motor carrier contracts, hold harmless provisions void and unenforceable — ...
Status: in_force

390.372. Motor carrier contracts, hold harmless provisions void and unenforceable — definitions. — 1. Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable.

2. For the purposes of this section, the following terms shall mean:

(1) "Motor carrier transportation contract" , a contract, agreement, or understanding covering:

(a) The transportation of property for compensation or hire by the motor carrier;

(b) The entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or

(c) A service incidental to activity described in paragraphs (a) and (b) of this subdivision, including but not limited to, storage of property; "Motor carrier transportation contract" shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use or possession of intermodal chassis, or other intermodal equipment;

(2) "Promisee" , the promisee and any agents, employees, servants, or independent contractors who are directly responsible to the promisee except for motor or rail carriers who are party to a motor carrier transportation contract, and such motor or rail carrier's agents, employees, servants, or independent contractors directly responsible to such motor or rail carriers.

(L. 2008 S.B. 930 & 947)
Mo. Rev. Stat. § 442.330 — MO Code / Chapter 442 / Section 442.330
442.330 Subscribing witnesses, when and how summoned to prove execution of instrument.
Status: in_force

442.330. Subscribing witnesses, when and how summoned to prove execution of instrument. — Upon the application of any grantee in any instrument in writing required to be recorded or of any person claiming under such grantee, verified by the oath of the applicant, that any witness to such instrument residing in the county where such application is made refuses to appear and testify touching the execution thereof, and that such instrument cannot be proved without his evidence, any court or officer authorized to take the acknowledgment or proof of such instrument may issue a subpoena requiring such witness to appear before such court or officer and testify touching the execution thereof.

(RSMo 1939 § 3424) Prior revisions: 1929 § 3037; 1919 § 2196; 1909 § 2807
Mo. Rev. Stat. § 167.278 — MO Code / Chapter 167 / Section 167.278
167.278 Chief school officers to provide information on postsecondary financial ...
Status: in_force

167.278. Chief school officers to provide information on postsecondary financial assistance. — The superintendent of schools or other chief school officer of each local public school district and the chief school officer of any nonpublic school shall make available to pupils and their parents information about the various types of financial assistance available to pursue a postsecondary education at a degree-granting institution. The commissioner of higher education shall assist such efforts by making available to schools and pupils information relating to such programs and assistance. In addition, the commissioner in cooperation with the state board of education shall provide such other information as is appropriate to encourage pupils to complete high school and to assist pupils in preparing to enter a postsecondary degree program.

(L. 1990 S.B. 740 § 9)
Mo. Rev. Stat. § 377.080 — MO Code / Chapter 377 / Section 377.080
377.080 Limitations on the issuance of policies — charitable, benevolent, ...
Status: in_force

377.080. Limitations on the issuance of policies — charitable, benevolent, educational and religious organizations have insurable interest — fraud or coercion, exception. — 1. No corporation doing business pursuant to sections 377.010 to 377.190 shall issue a certificate or policy upon the life of any person who at nearest birthday is more than sixty years of age, nor upon any life in which the beneficiary named has no insurable interest, nor as an endowment to any insured person while living, and every call for payments by the policy or certificate holders shall distinctly state the purposes of the same.

2. Any assignment of a policy or certificate to a person having no insurable interest in the insured life shall render such assignments void and of no effect.

3. A charitable, benevolent, educational or religious institution qualified pursuant to section 501(c)(3) of the federal Internal Revenue Code, as amended, shall be deemed to have an insurable interest in the life of an insured individual if, in the absence of any fraud or coercion:

(1) The individual has designated the institution as a beneficiary;

(2) The individual has made a gift or an assignment of an interest in life insurance on the life of such insured individual; or

(3) The life insurance is owned by such charitable, benevolent, educational or religious institution and such institution has obtained the consent of the person whose life is being insured, as required by section 376.531 .

(RSMo 1939 § 5862, A.L. 1992 H.B. 1574, A.L. 1997 H.B. 622) Prior revisions: 1929 § 5751; 1919 § 6161; 1909 § 6956
Mo. Rev. Stat. § 43.270 — MO Code / Chapter 43 / Section 43.270
43.270 Criminal justice network and technology revolving fund, purpose.
Status: in_force

43.270. Criminal justice network and technology revolving fund, purpose. — There is hereby created in the state treasury the "Criminal Justice Network and Technology Revolving Fund", which will be administered by the superintendent of the highway patrol. All funds associated with the criminal justice network received by the highway patrol shall be credited to the fund. The state treasurer is the custodian of the fund and shall approve disbursements from the fund subject to appropriation and as provided by law and the constitution of this state at the request of the superintendent of the highway patrol. The balances from this fund shall be used for the procurement of telecommunications and computer equipment, services, and software associated with connection to the criminal justice network. Any unexpended balance in the fund at the end of the fiscal year shall be exempt from the provisions of section 33.080 relating to the transfer of unexpended balances to the general revenue fund. All funds associated with MULES in the office of administration's revolving administrative trust fund shall be transferred to the criminal justice network and technology revolving fund on August 28, 1997.

(L. 1997 H.B. 697 § 1)
Mo. Rev. Stat. § 67.1150 — MO Code / Chapter 67 / Section 67.1150
67.1150 County convention and sports facilities authority to be a political ...
Status: in_force

67.1150. County convention and sports facilities authority to be a political subdivision of state (St. Charles County). — 1. There is hereby authorized to be created in any county with a population of at least two hundred thousand inhabitants which adjoins a county with a population of nine hundred thousand or more inhabitants, a special authority to be known as the "______ County Convention and Sports Facilities Authority", hereinafter referred to in sections 67.1150 to 67.1158 as the "authority". The authority may be created by order of the county governing body, and certified copies of such order shall be filed in the offices of the governor and secretary of state. The authority shall be a body corporate and politic, and a political subdivision of the state of Missouri.

2. The provisions of sections 67.1150 to 67.1158 shall apply to any authority organized under the provisions of sections 67.1150 to 67.1158 .

(L. 1991 H.B. 25 §§ 3, 4, A.L. 1993 H.B. 541, A.L. 1997 2d Ex. Sess. H.B. 3) Effective 9-15-97
Mo. Rev. Stat. § 408.032 — MO Code / Chapter 408 / Section 408.032
408.032 Recording fees.
Status: in_force

408.032. Recording fees. — 1. Notwithstanding any provisions of law to the contrary, the recording fees, including actual fees paid to a third party by a creditor, may include the following:

(1) Any fee paid in processing the debtor's liens as provided in section 136.055 ;

(2) Any fee paid to a third party for expediting the debtor's motor vehicle or other title or lien with the department of revenue, provided:

(a) The creditor does not control the third party; and

(b) Both creditor and third party do not share common ownership.

2. Either fee provided for in subdivisions (1) and (2) of subsection 1 of this section may be charged such debtor, and is not included as interest or service charges for the purposes of state usury laws; except that the expeditor fee as provided in subdivision (2) of subsection 1 of this section may not exceed fifteen dollars.

(L. 1997 H.B. 257, A.L. 2004 H.B. 959)
Mo. Rev. Stat. § 379.870 — MO Code / Chapter 379 / Section 379.870
379.870 Duties of the committee.
Status: in_force

379.870. Duties of the committee. — 1. The committee shall meet as often as may be required to perform the general duties of administration of the program or on the call of the director.

2. The committee shall be empowered to appoint a manager, who shall serve at the pleasure of the committee, to budget expenses, levy assessments, disburse funds, and perform all other duties provided herein or necessary or incidental to the proper administration of the program. The adoption of or substantive changes in pension plans or employee benefit programs shall be subject to approval of insurers. Assessments upon each insurer shall be levied on the basis of its premiums written.

3. Annually the manager shall prepare an operating budget which shall be subject to approval of the committee. Such budget shall be furnished to the insurers after approval. Any contemplated expenditure in excess of or not included in the annual budget shall require prior approval by the committee.

4. The committee shall furnish to all insurers and to the director a written report of operations annually in such form and detail as the committee may determine.

5. The presence of seven members of the committee, at least five of whom shall be insurers, shall constitute a quorum.

6. The committee shall appoint an underwriting committee to review with the manager of the program risks which have been submitted for insurance and may appoint such other committees as it may deem advisable.

(L. 1969 H.B. 772 § 379.131)
Mo. Rev. Stat. § 301.125 — MO Code / Chapter 301 / Section 301.125
301.125 Advisory committee established — purpose to develop uniform designs and ...
Status: in_force

301.125. Advisory committee established — purpose to develop uniform designs and common colors of license plates, members — dissolved, when. — There is hereby established an advisory committee for the department of revenue, which shall exist solely to develop uniform designs and common colors for license plates issued under this chapter and to determine appropriate license plate parameters for all license plates issued under this chapter. The advisory committee shall adopt a type of design and color scheme for license plates issued under this chapter that commemorates the bicentennial of Missouri. The advisory committee may adopt more than one type of design and color scheme; however, each license plate of a distinct type shall be uniform in design and color scheme with all other license plates of that distinct type. The specifications for the fully reflective material used for the plates, as required by section 301.130 , shall be determined by the committee. Such plates shall meet any specific requirements prescribed in this chapter, except such plates shall be exempt from the requirements of subsection 1 of section 301.130 . The advisory committee shall consist of the director of revenue or his or her designee, the superintendent of the highway patrol, the correctional enterprises administrator, the director of the department of transportation, the executive director of the State Historical Society of Missouri, and the respective chairpersons of both the senate and house of representatives transportation committees. The committee shall meet, select a chairperson from among its members, and develop uniform design and license plate parameters for the license plates issued under this chapter not later than January 1, 2017. Prior to determining the final design of the plates, the committee shall hold at least three public meetings in different areas of the state to invite public input on the final design. Members of the committee shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties under this section. The director of revenue shall have the final design of the uniform license plates, along with specific parameters for all license plates developed by the committee, available for issuance in all license fee offices in this state not later than January 1, 2019. The committee shall be dissolved upon completion of its duties under this section.

(L. 2016 H.B. 2380)
Mo. Rev. Stat. § 138.220 — MO Code / Chapter 138 / Section 138.220
138.220 Bond — amount.
Status: in_force

138.220. Bond — amount. — Before entering upon the discharge of his official duty, each member of the commission shall execute a bond payable to the state of Missouri in the penal sum of ten thousand dollars, to be approved by the governor, for the faithful discharge of official duties, and his official oath, duly subscribed to, shall be endorsed upon their official bond, which bond and oath, when so executed, shall be filed in the office of the secretary of state.

(RSMo 1939 § 11015, A.L. 1945 p. 1805 § 5) Prior revisions: 1929 § 9826; 1919 § 12835
Mo. Rev. Stat. § 67.5024 — MO Code / Chapter 67 / Section 67.5024
67.5024 Organizational meeting — adoption of bylaws, rules, and regulations.
Status: in_force

67.5024. Organizational meeting — adoption of bylaws, rules, and regulations. — Promptly after their appointment, the initial board members of a district created pursuant to sections 67.5000 to 67.5038 shall hold an organizational meeting at which they shall elect a president, secretary, treasurer, and any other officers from among their number as they may deem necessary. The members shall make and adopt bylaws, rules, and regulations for their guidance, as may be expedient and not inconsistent with sections 67.5000 to 67.5038 .

(L. 2012 H.B. 1504)
Mo. Rev. Stat. § 345.030 — MO Code / Chapter 345 / Section 345.030
345.030 Duties of board.
Status: in_force

345.030. Duties of board. — 1. The board shall administer, coordinate, and enforce the provisions of sections 345.010 to 345.080 , evaluate the qualifications of applicants, supervise the examination of applicants, issue licenses, and shall investigate persons engaging in practices which appear to violate the provisions of sections 345.010 to 345.080 .

2. The board shall conduct such hearings and keep such records and minutes as shall be necessary to an orderly dispatch of business.

3. The board shall adopt reasonable rules and regulations which establish ethical standards of practice and may amend or repeal the same. Rules and regulations shall be adopted that ensure consumer protection related to hearing instrument dispensing that meet or exceed those provided under sections 346.007 to 346.250 and rules and regulations promulgated pursuant thereto.

4. Regular meetings of the commission shall be held at such times and places as it prescribes, and special meetings may be held upon the call of the chairperson or by request of at least two other members of the commission, but at least one regular meeting shall be held each year.

5. No rule or portion of a rule promulgated pursuant to the authority of sections 345.010 to 345.080 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536 .

(L. 1973 H.B. 329 § 6, A.L. 1981 S.B. 16, A.L. 1995 S.B. 69, et al., A.L. 1998 H.B. 1601, et al. , A.L. 2007 H.B. 780 merged with S.B. 308)