FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 473.399 — MO Code / Chapter 473 / Section 473.399
473.399 Definitions — obligation to repay assistance, claim against estate, when — ...
Status: in_force

473.399. Definitions — obligation to repay assistance, claim against estate, when — defenses, setoff — exceptions. — 1. As used in this section, the following terms mean:

(1) "Assistance" , funds expended by a state agency to or on behalf of a person in the form of aid, care, or services, except that for the purposes of this section, aid to families with dependent children shall not be considered assistance;

(2) "Obligor estate" , the estate against which an obligation under this section arises;

(3) "Recipient" , a person to whom or on whose behalf assistance is provided;

(4) "State agency" , the department of social services, department of health and senior services and department of mental health of the state of Missouri.

2. For the purposes of this section, the providing of assistance shall create an obligation which may be recovered by filing a claim in the probate division of the circuit court against the decedent estate of the spouse of the deceased recipient upon such spouse's death as provided by the probate code of Missouri, chapters 472 , 473 , 474 and 475 . The amount of the state debt shall be the full amount of assistance without interest provided to the recipient during the marriage of such recipient and spouse; provided that the liability of the obligor estate shall not exceed the value of the combined resources of the recipient and the spouse of the recipient on the date of death of the recipient.

3. The state agency providing the assistance may initiate a claim on the debt against the obligor estate.

4. The obligor estate may assert as a defense to the state agency's claim that more than two years prior to the providing of assistance, the recipient voluntarily abandoned the spouse.

5. An obligor estate shall have the right of setoff against the state debt for any amounts recovered by the state agency from the estate of the deceased recipient pursuant to section 473.398 .

6. Claims shall not be filed under this section when collection of the state debt would be contrary to federal statutes for assistance programs in which federal funds are received.

(L. 1990 H.B. 1725 § 1) (2008) Section's definition of estate does not include all non-probate transfers and thus is insufficiently broad to allow recovery by State of Medicaid benefits from estate of recipient's surviving spouse. In re Estate of Shuh, 248 S.W.3d 82 (Mo.App.E.D.). (2008) Section authorizing State to receive reimbursement from Medicaid recipient's estate after recipient's death or from estate of recipient's spouse after death of spouse is preempted by federal statute. In re Estate of Bruce, 260 S.W.3d 398 (Mo.App.W.D.).
Mo. Rev. Stat. § 544.453 — MO Code / Chapter 544 / Section 544.453
544.453 Bail or conditions of release, factors to consider.
Status: in_force

544.453. Bail or conditions of release, factors to consider. — Notwithstanding any provision of the law or court rule to the contrary, a judge or judicial officer, when setting bail or conditions of release in all courts in Missouri for any offense charged, shall consider, in addition to any factor required by law, whether:

(1) A defendant poses a danger to a victim of a crime, the community, any witness to the crime, or to any other person;

(2) A defendant is a flight risk;

(3) A defendant has committed a misdemeanor offense involving a crime of violence, sexual offense, or felony offense in this state or any other state in the last five years; and

(4) A defendant has failed to appear in court as a required condition of probation or parole for a misdemeanor involving a crime of violence or felony or a sexual offense within the last three years.

(L. 2023 S.B. 186)
Mo. Rev. Stat. § 139.140 — MO Code / Chapter 139 / Section 139.140
139.140 Delivery of personal delinquent list to successor.
Status: in_force

139.140. Delivery of personal delinquent list to successor. — Except as provided in section 52.361 , the personal delinquent lists allowed to any collector shall be delivered to the collector and when the collector's term of office expires then to the successor, who shall be charged with the full amount thereof, and shall account therefor as for other moneys collected by the collector. When the collector makes the next annual settlement the collector shall return the lists to the clerk of the county commission, and in the city of St. Louis the lists and the uncollected tax bills to the comptroller of the city, and shall be entitled to credit for the amount the collector has been unable to collect. The lists and bills shall be delivered to the collector's successor, and so on until the whole are collected.

(RSMo 1939 § 11096, A.L. 1959 H.B. 106, A.L. 2010 H.B. 1316) Prior revisions: 1929 § 9925; 1919 § 12917; 1909 § 11471
Mo. Rev. Stat. § 514.070 — MO Code / Chapter 514 / Section 514.070
514.070 Costs on motions.
Status: in_force

514.070. Costs on motions. — On all motions the court may give or refuse costs at its discretion, unless where it is otherwise provided by law.

(RSMo 1939 § 1407) Prior revisions: 1929 § 1243; 1919 § 1695; 1909 § 2264
Mo. Rev. Stat. § 192.2235 — MO Code / Chapter 192 / Section 192.2235
192.2235 Adult daycare program manual — regional training sessions.
Status: in_force

192.2235. Adult daycare program manual — regional training sessions. — The department shall create an adult day care program manual in partnership with the provider association to establish uniformity across the state and shall offer regional training sessions in order to provide technical assistance or consultation to assist applicants for or holders of licenses in meeting the requirements of sections 192.2200 to 192.2260 , staff qualifications, and other aspects involving the operation of an adult day care program, and to assist in the achievement of programs of excellence related to the provision of adult day care. The program manual and regional training sessions required under this section shall be made available to adult day care programs by January 1, 2015.

(L. 1984 H.B. 1131 § 9, A.L. 2014 H.B. 1299 Revision § 192.1050 merged with S.B. 567 § 660.411) Transferred 2014; formerly 660.411
Mo. Rev. Stat. § 521.880 — MO Code / Chapter 521 / Section 521.880
521.880 Bond under claim for specific property.
Status: in_force

521.880. Bond under claim for specific property. — In a suit for the possession of specific personal property, the bond required of the plaintiff and that which may be given by the defendant shall be in double the sum stated in the affidavit as the value of the property claimed; but the defendant or his agent may, on the taking of the property claimed or at any time before the delivery of the same to the plaintiff, demand in writing an appraisement thereof, which appraisement shall then be made in the same manner as by the law, for the time being, appraisement is directed to be made of property exempt from execution; and if such appraised value exceed the value stated in the affidavit then such property shall not be delivered to the plaintiff unless a new bond be given in double such appraised value, and in other respects similar to the bond required of the plaintiff, by the law for the time being, before the delivery of property so claimed.

(RSMo 1939 § 15698) Prior revision: 1929 § 14750
Mo. Rev. Stat. § 620.503 — MO Code / Chapter 620 / Section 620.503
620.503 Small business assistance offices established in institutions of higher ...
Status: in_force

620.503. Small business assistance offices established in institutions of higher education to contract with department, purposes, procedure. — 1. The department of economic development may enter into contracts with any institutions of higher education within the state for the purpose of providing ready access to all state forms, regulations, requirements and other information necessary to conduct business in the state. Each such office shall be known as a "Business Assistance Office" and shall coordinate services with a regional business assistance office established pursuant to section 620.500 .

2. Each business assistance office may provide research, development or training programs for new or alternative small businesses, industries, or high technology businesses within the state. Each business assistance office may also provide needs assessment relating to small businesses, industries or high technology businesses. Each office may also provide feasibility studies relating to potential markets and employment opportunities.

3. Each party entering into a contract with the department of economic development to provide or administer a business assistance office shall, prior to the issuance of such a contract, submit to the department of economic development a detailed description of quantifiable performance appraisal measures and goals pertaining to the proposed efforts and results in marketing services provided by the business assistance office. The department of economic development shall review such material. When a contract to establish a business assistance office is renewed, renegotiated, or otherwise reissued, a contractor's actual efforts and results pertaining to the performance appraisal measures and goals shall be a criterion in the rewarding or renewal of a contract to establish or administer a business assistance office.

(L. 1986 S.B. 426 § 3, A.L. 1993 H.B. 566)
Mo. Rev. Stat. § 40.183 — MO Code / Chapter 40 / Section 40.183
40.183 Sentence of confinement, where served — hard labor may be required — fee ...
Status: in_force

40.183. Sentence of confinement, where served — hard labor may be required — fee for keeping prisoner authorized. — 1. A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the state military forces or in any jail, penitentiary, or prison designed for the purpose. Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of this state or of any political subdivision.

2. The omission of the words "hard labor" from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.

3. The keepers, officers, and wardens of city or county jails and of other jails, penitentiaries, or prisons designated by the governor, or by such person as the governor may authorize to act under section 40.035 , shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law. Any such keeper may require payment of a reasonable fee for so receiving or confining a person to be paid upon requisition of the office of the adjutant general after confinement.

(L. 1984 H.B. 1035 § 59)
Mo. Rev. Stat. § 94.625 — MO Code / Chapter 94 / Section 94.625
94.625 Deposit of collections — transportation sales tax fund.
Status: in_force

94.625. Deposit of collections — transportation sales tax fund. — All sales taxes collected by the director of revenue under the provisions of sections 94.600 to 94.655 , less one percent for the 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 "Transportation Sales Tax Trust Fund". The moneys in this fund are not 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 city wherein a sales tax is imposed pursuant to the provisions of sections 94.600 to 94.655 . The records shall be open to the inspection of the officers of the city and the public.

(L. 1973 H.B. 65 § 6, A.L. 1980 S.B. 693, A.L. 1983 1st Ex. Sess. H.B. 10, A.L. 1991 H.B. 29)
Mo. Rev. Stat. § 208.110 — MO Code / Chapter 208 / Section 208.110
208.110 Appeals from circuit court.
Status: in_force

208.110. Appeals from circuit court. — Appeals may be had by either party from the circuit court upon the record in the same manner as provided herein for appeals from the director to the circuit court, and all appeals to the circuit and appellate courts shall be advanced on the docket of the courts for immediate hearing and determination.

(RSMo 1939 § 9411, A. 1949 S.B. 1063) (1961) Finding that recipient of old age assistance had conveyed property to her children without receiving in return a value equal to the property conveyed held not supported by substantial evidence. Weidmaier v. State Department of Public Health and Welfare (A.), 343 S.W.2d 93. (1962) Where referee, in the course of a hearing on an application for aid to dependent children based on the ground that the father of the child was unable to work, stated that the father appeared to be able to work and also that he appeared to be a normal person, the applicant for benefits did not receive a fair hearing and the decision of the division would be reversed. Jones v. State Department of Public Health and Welfare (A.), 354 S.W.2d 37. (1962) It was error, on appeal from decision of director of welfare, for trial court to permit judgment of circuit court setting aside deed to be introduced in evidence at hearing and made a part of the transcript on appeal. Powers v. State Department of Public Health and Welfare (A.), 359 S.W.2d 23. (1971) Appeals taken pursuant to § 208.110 are subject to the Rules of Civil Procedure including the requirement that the Department of Public Health and Welfare shall cause a transcript on appeal to be prepared, filed, served and approved in the form and manner specified by Civil Rule 82.14. Stacy v. Department of Public Health and Welfare (A.), 468 S.W.2d 651. (1972) Adding of affidavit is a permissible amendment to the original notice of appeal and relates back to the filing of the original notice. Fraher v. Department of Public Health and Welfare (A.), 484 S.W.2d 663.
Mo. Rev. Stat. § 3.090 — MO Code / Chapter 3 / Section 3.090
3.090 Comparison of printed statutes with original rolls — certification — ...
Status: in_force

3.090. Comparison of printed statutes with original rolls — certification — evidence of laws — publication on website. — 1. The revisor of statutes shall supervise the printing and publication of all editions of the revised statutes of Missouri and all supplements and pocket parts thereto. The revisor shall proofread and compare all copies of laws appearing in the revised statutes of Missouri and supplement or pocket parts thereto and supervise the correction thereof to ensure that all such copies are true and correct copies of the existing laws of this state according to the original rolls thereof with only such variations in the language thereof as are authorized by section 3.060 .

2. When any volume of any edition of the revised statutes of Missouri, or any supplement or any edition of pocket parts thereto is printed and published the revisor of statutes shall certify that all laws printed therein have been examined and compared as required by this section and that the same are true and correct copies thereof as passed and remaining in the office of the secretary of state, and that the revised statutes, supplement or pocket part thereto, as thus published, and all laws as therein contained, are true copies of the existing laws of the state of Missouri, of a general nature. The revisor shall deposit a copy of each volume of the revised statutes, supplement or pocket part, so certified, in the secretary's office, which shall be prima facie evidence of such statutes. The certificate shall be printed in each copy of the revised statutes, supplement or pocket part, and every copy so printed containing the certificate may be used in evidence without other or further proof of authentication.

3. The revisor of statutes shall supervise the publication of the revised statutes on any official website of the committee on legislative research. Such supervision shall comply with the provisions of subsection 1 of this section to ensure that a true and correct copy of the existing laws of this state are placed on such website. However, the online version of the revised statutes on any official website of the committee on legislative research shall not be considered an official version of the revised statutes, unless the revisor of statutes chooses to certify it as such and places a certificate on the website. The revisor shall periodically update such website as new laws are enacted, including an update of the website on the effective date of any section that becomes law.

(L. 1949 p. 545 § 3.09, A.L. 1959 S.B. 88, A.L. 2014 S.B. 621 merged with S.B. 643) (1974) Revised statutes are no more than prima facie evidence of a statute, and revisors, absent a legislative act amending a section, have no authority to change substantive meaning of a law. Protection Mutual Insurance Co. v. Kansas City (Mo.), 504 S.W.2d 127.
Mo. Rev. Stat. § 208.433 — MO Code / Chapter 208 / Section 208.433
208.433 Calculation of reimbursement allowance amount — notification of Medicaid ...
Status: in_force

208.433. Calculation of reimbursement allowance amount — notification of Medicaid managed care organizations — offset permitted, when. — 1. The director of the department of social services shall make a determination as to the amount of Medicaid managed care organization's reimbursement allowance due from each Medicaid managed care organization.

2. The director of the department of social services shall notify each Medicaid managed care organization of the annual amount of its reimbursement allowance. Such amount may be paid in monthly increments over the balance of the reimbursement allowance period.

3. The department of social services may offset the managed care organization reimbursement allowance owed by the Medicaid managed care organization against any payment due that managed care organization only if the managed care organization requests such an offset. The amounts to be offset shall result, so far as practicable, in withholding from the managed care organization an amount substantially equivalent to the reimbursement allowance owed by the managed care organization. The office of administration and state treasurer may make any fund transfers necessary to execute the offset.

(L. 2005 S.B. 189) Effective 5-13-05 Expires 9-30-29; see § 208.437
Mo. Rev. Stat. § 194.307 — MO Code / Chapter 194 / Section 194.307
194.307 Effective date for sections 194.240, 194.297 through 194.304 and section ...
Status: in_force

194.307. Effective date for sections 194.240, 194.297 through 194.304 and section 302.171. — Sections 194.240 , 194.297 to 194.304 and section 302.171 shall become effective January 1, 1996.

(L. 1995 H.B. 178 § B)
Mo. Rev. Stat. § 316.233 — MO Code / Chapter 316 / Section 316.233
316.233 Passenger may not ride, when.
Status: in_force

316.233. Passenger may not ride, when. — An amusement ride passenger shall not get on, enter, or attempt to get on an amusement ride unless the passenger reasonably determines that, at a minimum, he or she:

(1) Has sufficient knowledge to use, get on, enter, or get off the amusement ride safely without instruction or has requested and received before getting on the ride sufficient information to get on, use, enter, or get off safely;

(2) Has located, reviewed and understood any signs in the vicinity of the ride and has satisfied any posted height, medical or other restrictions and abided by all rules, regulations and restrictions;

(3) Is not under the influence of alcohol or any drug that affects his or her ability to safely use the amusement ride or obey the posted rules or oral instructions; and

(4) Is authorized by the amusement owner or such owner's authorized servant, agent or employee to get on the amusement ride.

(L. 1997 H.B. 276 § 12, A.L. 2004 H.B. 1403) Effective 1-01-05
Mo. Rev. Stat. § 148.461 — MO Code / Chapter 148 / Section 148.461
148.461 Quarterly installments to be paid as assessed by director, when — ...
Status: in_force

148.461. Quarterly installments to be paid as assessed by director, when — overpayment of taxes, credit. — In any legal contest concerning the amount of tax under sections 148.320 , 148.340 , and 148.370 for a calendar year, the quarterly installments for the following year shall continue to be made based upon the amount assessed by the director of revenue for the year in question. If after the end of any taxable year, the amount of the actual tax due is less than the total amount of the installments actually paid, the amount by which the amount paid exceeds the amount due shall be credited against the tax for the following year and deducted from the quarterly installment otherwise due on June first.

(L. 1982 S.B. 470, A.L. 1986 S.B. 669, et al.)
Mo. Rev. Stat. § 43.546 — MO Code / Chapter 43 / Section 43.546
43.546 Fingerprinting of applicants for background checks permitted by state ...
Status: in_force

43.546. Fingerprinting of applicants for background checks permitted by state agencies, boards, and commissions, when — procedure. — 1. Any state agency, board, or commission may require the fingerprinting of applicants in specified occupations or appointments within the state agency, board, or commission for the purpose of positive identification and receiving criminal history record information when determining an applicant's ability or fitness to serve in such occupation or appointment.

2. In order to facilitate the criminal background check under subsection 1 of this section on any person employed or appointed by a state agency, board, or commission, the applicant or employee shall submit a set of fingerprints collected under the standards determined by the Missouri highway patrol. The fingerprints and accompanying fees, unless otherwise arranged, shall be forwarded to the highway patrol to be used to search the state criminal history repository and the fingerprints shall be forwarded to the Federal Bureau of Investigation for a national criminal background check under section 43.540 . Notwithstanding the provisions of section 610.120 to the contrary, all records related to any criminal history information discovered shall be accessible and available to the state agency making the request.

(L. 2007 H.B. 41, A.L. 2018 H.B. 1350, A.L. 2025 S.B. 71 merged with S.B. 81 & 174)
Mo. Rev. Stat. § 346.007 — MO Code / Chapter 346 / Section 346.007
346.007 Title of act.
Status: in_force

346.007. Title of act. — Sections 346.010 to 346.250 shall be known and may be cited as the "Hearing Instrument Specialists Act".

(L. 1995 S.B. 69, et al. § 346.137)