FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 293.420 — MO Code / Chapter 293 / Section 293.420
293.420 Weighing regulations where coal miners paid by weight.
Status: in_force

293.420. Weighing regulations where coal miners paid by weight. — 1. In all coal mines, the miners shall be paid by weight, and the operator of every coal mine shall provide and hereafter maintain suitable and accurate scales, which scales shall be examined, tested, and kept in thorough repair by a competent person employed by the operator, at least once in every six months; a correct record shall be kept of all coal so weighed, which record shall be open at all reasonable hours to the inspection of miners employed at the mine. The operator shall keep at the mine weighhouse such standard United States test weights as may be prescribed by the director, for use in testing such scales; except that this section shall not apply to any operator who does not employ more than three men at any one time. The word "miners" as used in this section shall not be construed to include those persons who mine coal mechanically and who are paid a day rate for their services, in accordance with the terms and provisions of any collective bargaining agreement between the operator and such employees.

2. The operator of every such coal mine shall not, before weighing the coal, pass the coal over any screen or other device which shall take any part from the value thereof, or otherwise remove any of the coal; and shall duly credit the just and merchantable weight thereof to the employee sending the coal to the surface.

3. The person authorized to take such weight and keep such record shall, before entering upon his duties, satisfy the mine inspector that he understands the operations and adjustment of mine scales; and shall, before entering upon his duties take and subscribe before a person authorized to administer oaths, an affidavit that he has not, and will not have while so employed any financial interest, direct or indirect, in such mine and that he will accurately weigh and carefully keep a record of all coal so weighed. The affidavit shall be filed in the office of the clerk of the circuit court for the county, and a copy thereof kept conspicuously at the place of weighing.

4. Miners employed in any coal mine have the power, if they desire, of employing at their own expense, a check-weighmaster, who shall have the right to be present and observe the weighing of coal by the weighmaster, to examine and test the scales, to inspect the records made by the weighmaster; and to be subject to the same qualifications, oath and penalties as the weighmaster.

(L. 1959 S.B. 188 § 47)
Mo. Rev. Stat. § 537.230 — MO Code / Chapter 537 / Section 537.230
537.230 Action against mining operator for wrongful death of employee — amount — ...
Status: in_force

537.230. Action against mining operator for wrongful death of employee — amount — limitation. — Whenever any cause of action shall accrue to any agent or servant of any person, company or corporation operating a mine or mines in this state under sections 537.180 to 537.210 , and death shall ensue to such agent or servant by reason of the negligence provided for in said sections, the cause of action shall survive in favor of the widow and minor children of the deceased; provided, that action therefor shall be brought by the widow within six months after such death, and if she shall fail to bring such action then within twelve months after such death by such minor children; and provided further, that recovery in case of such death shall not exceed the sum of ten thousand dollars.

(RSMo 1939 § 3677, A. 1949 H.B. 2135) Prior revisions: 1929 § 3287; 1919 § 4238; 1909 § 5445
Mo. Rev. Stat. § 313.310 — MO Code / Chapter 313 / Section 313.310
313.310 Duties of attorney general and highway patrol.
Status: in_force

313.310. Duties of attorney general and highway patrol. — 1. The attorney general shall provide legal services for the commission. The attorney general shall make reasonable efforts to ensure that there is continuity in the legal services provided, and that the attorneys providing legal services to the commission have expertise in such field. No counsel outside the attorney general's office shall be employed to provide legal services for the commission or director without the expressed approval of the attorney general. The attorney general may hire any expert counsel necessary to protect the state's interest.

2. The commission or director may request that the attorney general make investigations, on behalf of and in the name of the commission, and bring suits or institute proceedings for any of the purposes necessary and proper for carrying out the functions of the division.

3. The Missouri state highway patrol, including the division of drug and crime control, shall have authority to make investigations relative to the operation and administration of Missouri gaming operations as authorized by law and to report suspected violations of state law or federal law to the proper prosecuting authorities. In the event that a violation of state law is reported to the proper prosecuting authority and no prosecution is commenced within thirty days for alleged violations, the attorney general shall have authority to commence prosecution for alleged violations of the state lottery law or other criminal statutes alleged to have been violated. The cost of personnel and related expenses in the Missouri state highway patrol, including the division of drug and crime control, to accomplish the purposes of this section shall be paid within the limits of appropriations from general revenue, or from such other funding as may be authorized by the general assembly.

(L. 1985 S.B. 44 § 23, A.L. 1988 S.B. 643) Effective 9-01-88
Mo. Rev. Stat. § 170.012 — MO Code / Chapter 170 / Section 170.012
170.012 Graduate teaching assistants communication in English language requirements ...
Status: in_force

170.012. Graduate teaching assistants communication in English language requirements — testing and reports. — 1. Any graduate student who did not receive both his primary and secondary education in a nation or territory in which English is the primary language shall not be given a teaching appointment during his or her first semester of enrollment at any public institution of higher education in the state of Missouri. Exceptions may be granted in special cases upon approval of the chief academic and executive officers of the institution.

2. All graduate students who did not receive both their primary and secondary education in a nation or territory in which English is the primary language shall be tested for their ability to communicate orally in English in a classroom setting prior to receiving a teaching appointment. Such testing shall be made available by the public institution at no cost to the graduate student.

3. All graduate students prior to filling a teaching assistant position as a graduate student, who have not previously lived in the United States shall be given a cultural orientation to prepare them for such teaching appointment.

4. All public institutions of higher education in this state shall provide to the coordinating board for higher education on a biennial basis a report on the number and language background of all teaching assistants, including a copy of the institutions current policy for selection of graduate teaching assistants.

5. The provisions of this section and sections 174.310 and 175.021 shall not apply to any person employed under a contract of employment in existence prior to August 13, 1986.

(L. 1986 S.B. 602 § 2)
Mo. Rev. Stat. § 143.071 — MO Code / Chapter 143 / Section 143.071
143.071 Corporations — inapplicable to out-of-state businesses, when.
Status: in_force

143.071. Corporations — inapplicable to out-of-state businesses, when. — 1. For all tax years beginning before September 1, 1993, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to five percent of Missouri taxable income.

2. For all tax years beginning on or after September 1, 1993, and ending on or before December 31, 2019, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to six and one-fourth percent of Missouri taxable income.

3. For all tax years beginning on or after January 1, 2020, a tax is hereby imposed upon the Missouri taxable income of corporations in an amount equal to four percent of Missouri taxable income.

4. The provisions of this section shall not apply to out-of-state businesses operating under sections 190.270 to 190.285 .

(L. 1972 S.B. 549, A.L. 1993 S.B. 380, A.L. 2014 H.B. 1190, A.L. 2018 S.B. 884) (2000) Member institutions of the Farm Credit System, which are federal instrumentalities, are exempt from state income taxation; silence of the federal statute does not constitute express congressional consent to tax. Production Credit Ass'n. v. Director of Revenue, 10 S.W.3d 142 (Mo.banc), certiorari granted 120 S.Ct. 2716, 68 USLW 3725.
Mo. Rev. Stat. § 351.680 — MO Code / Chapter 351 / Section 351.680
351.680 Deposit of registration moneys.
Status: in_force

351.680. Deposit of registration moneys. — The moneys arising from registration fees under this law shall be deposited in the state treasury to the credit of the ordinary revenue fund.

(RSMo 1939 § 5107, A.L. 1943 p. 410 § 130, A. 1949 H.B. 2079) Prior revisions: 1929 § 4635; 1919 § 9829
Mo. Rev. Stat. § 610.126 — MO Code / Chapter 610 / Section 610.126
610.126 Expungement does not deem arrest invalid — department of revenue may retain ...
Status: in_force

610.126. Expungement does not deem arrest invalid — department of revenue may retain records necessary for administrative actions on driver's license — power to close or expunge record, limitation. — 1. An expungement of an arrest record shall not reflect on the validity of the arrest and shall not be construed to indicate a lack of probable cause for the arrest.

2. Except as provided by sections 610.122 to 610.126 , the courts of this state shall have no legal or equitable authority to close or expunge any arrest record.

3. The petitioner shall not bring any action subsequent to the expungement against any person or agency relating to the arrest described in the expunged records.

(L. 1993 H.B. 170 § 5 merged with H.B. 562 § 15, A.L. 1995 H.B. 135 merged with H.B. 174, et al.)
Mo. Rev. Stat. § 184.101 — MO Code / Chapter 184 / Section 184.101
184.101 Citation of law.
Status: in_force

184.101. Citation of law. — Sections 184.101 to 184.122 shall be known and may be cited as the "Museum Property Act".

(L. 1991 S.B. 344 § 1) Effective 12-31-91
Mo. Rev. Stat. § 211.355 — MO Code / Chapter 211 / Section 211.355
211.355 Missouri state juvenile justice advisory board, members, report.
Status: in_force

211.355. Missouri state juvenile justice advisory board, members, report. — 1. There is hereby created within the office of state courts administrator the "Missouri State Juvenile Justice Advisory Board", which shall provide consultation and recommendations regarding ongoing best practices within the juvenile court system and juvenile officer standards. The board shall consist of the following members:

(1) A judge of a juvenile or family court as appointed by the supreme court of Missouri;

(2) A juvenile officer as appointed by the Missouri Juvenile Justice Association;

(3) A foster parent appointed by the Missouri state foster care and adoption board;

(4) One attorney representing parents' interests appointed by the Missouri Bar Association;

(5) One guardian ad litem appointed by the Missouri Bar Association;

(6) A representative from a child advocacy center to be appointed by the Missouri Network of Child Advocacy Centers;

(7) A prosecuting attorney appointed by the Missouri Association of Prosecuting Attorneys;

(8) A law enforcement representative as designated by the Missouri Sheriffs' Association;

(9) A law enforcement representative as designated by the Missouri Police Chiefs Association; and

(10) The following shall be ex officio voting members:

(a) The director of the children's division or the director's designee;

(b) The director of the division of youth services or the director's designee;

(c) The director of the Missouri Juvenile Justice Association or the director's designee;

(d) The executive director of the Missouri Court Appointed Special Advocate Association or the director's designee;

(e) The director of the office of child advocate or the director's designee; and

(f) The director of the public defender's office or the director's designee.

2. All appointed members of the board shall serve for a term of four years. Members may be reappointed to the board by their entities for consecutive terms. All vacancies on the board shall be filled for the balance of the unexpired term in the same manner in which the board membership which is vacant was originally filled. Members of the board shall serve without compensation.

3. The board shall elect officers from the membership consisting of a chairperson and secretary.

4. The board shall meet a minimum of four times per calendar year.

5. The board shall provide to the office of state courts administrator, the office of child advocate, and the joint committee on child abuse and neglect a written annual report of recommendations and activities conducted and made.

(L. 2016 H.B. 2355)
Mo. Rev. Stat. § 320.374 — MO Code / Chapter 320 / Section 320.374
320.374 Sale of cigarettes outside state or United States, requirements not to ...
Status: in_force

320.374. Sale of cigarettes outside state or United States, requirements not to apply — termination of requirements, when — state preemption. — 1. Nothing in sections 320.350 to 320.374 shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of section 320.353 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and such person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state.

* 2. Sections 320.350 to 320.374 shall terminate if a federal cigarette ignition propensity standard is enacted.

3. Sections 320.350 to 320.374 preempt any local law, ordinance, or regulation that conflicts with any provision of sections 320.350 to 320.374 or any policy of the state implemented in accordance with sections 320.350 to 320.374 . Notwithstanding any other provision of law, the local governmental units of this state may neither enact nor enforce any ordinance or other local law or regulation conflicting with, or preempted by, any provision of sections 320.350 to 320.374 or with any policy of this state expressed by sections 320.350 to 320.374 whether that policy is expressed by inclusion of a provision in such sections or by exclusion of that subject from such sections.

(L. 2009 H.B. 205) Effective 1-01-11 *Contingent termination date *Revisor's Note: To date, no federal cigarette ignition propensity standard has been enacted.
Mo. Rev. Stat. § 473.403 — MO Code / Chapter 473 / Section 473.403
473.403 Allowance of claims — court's duties — allowance by personal representative.
Status: in_force

473.403. Allowance of claims — court's duties — allowance by personal representative. — 1. Except as provided in subsections 2 and 3 hereof, no claimant is entitled to payment unless his claim has been duly filed and allowed by the court. Upon the adjudication of any claim the court shall allow it in whole or in part, or disallow it. The order allowing the claim has the effect of a judgment and bears interest at the legal rate, unless the claim provides for a different rate in which case the judgment shall be rendered accordingly.

2. Except in case of the personal representative's own claim, any claim may be paid by the personal representative, without allowance thereof by the court, and credit may be had therefor in his settlement, provided the same is either paid or filed within the time prescribed by section 473.360 ; but, if written exceptions thereto are duly filed by any interested party within the time allowed for filing exceptions to the final settlement of the personal representative, hearing by the court shall be had thereon. On such hearing the burden is on the personal representative to prove that the estate was liable on the claim for the amount so paid. If the court adjudges that the estate was not liable for any part of the amount paid, the exceptions to such extent shall be sustained.

3. Claims for expenses of administration may be allowed upon application of the claimant or of the personal representative, or may be allowed in the discretion of the court at any settlement regardless of whether or not they have been paid by the personal representative.

(L. 1955 p. 385 § 152, A.L. 1969 p. 553, A.L. 1980 S.B. 637) Effective 1-01-81
Mo. Rev. Stat. § 206.030 — MO Code / Chapter 206 / Section 206.030
206.030 Notice of hearing on petition — costs of notice.
Status: in_force

206.030. Notice of hearing on petition — costs of notice. — 1. Upon the filing of the petition with the county clerk, he shall present it to the commissioners of the county commission who shall thereupon set the petition for hearing within not less than thirty nor more than forty days after the filing thereof.

2. Notice shall be given by the commissioner of the county commission of the time and place where the hearing will be held, by publication on three separate days in one or more newspapers having a general circulation within the territory proposed to be incorporated as a hospital district, the first of which publications shall be not less than twenty days prior to the date set for the hearing and if there is no such newspaper, then notice shall be posted in ten of the most public places in the territory, not less than twenty days prior to the date set for the hearing. This notice shall include a description of the territory as set out in the petition, names of municipalities located therein and the name of the proposed district and the question of creating a hospital district.

3. The cost of printing and publication or posting of notices of public hearing thereon shall be paid in advance by the petitioners, and, if a district be organized under this chapter, they shall be reimbursed out of the funds received by the district from taxation or other sources.

(L. 1961 p. 524 § 4)
Mo. Rev. Stat. § 326.304 — MO Code / Chapter 326 / Section 326.304
326.304 Attorney general or other legal counsel to represent board in certain ...
Status: in_force

326.304. Attorney general or other legal counsel to represent board in certain proceedings. — At all proceedings for the enforcement of these or any other provisions of this chapter, the board shall, in its discretion as it deems necessary, select the attorney general or one of his or her designated assistants, or other legal counsel to appear and represent the board at each stage of the proceeding or trial until its conclusion.

(L. 2001 H.B. 567)
Mo. Rev. Stat. § 334.1665 — MO Code / Chapter 334 / Section 334.1665
334.1665 Finance powers.
Status: in_force

334.1665. Finance powers. — 1. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.

2. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.

3. The Interstate Commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.

4. The Interstate Commission shall be subject to a yearly financial audit conducted by a certified or licensed accountant and the report of the audit shall be included in the annual report of the Interstate Commission.

(L. 2023 S.B. 70 merged with S.B. 157)
Mo. Rev. Stat. § 210.933 — MO Code / Chapter 210 / Section 210.933
210.933 Registration qualifies as compliance with other background check ...
Status: in_force

210.933. Registration qualifies as compliance with other background check requirements, elder-care workers, when. — For any elder-care worker listed in the registry or who has submitted the registration form as required by sections 210.900 to 210.936 , an elder-care provider may access the registry in lieu of the requirements established pursuant to section 192.2490 or to subsections * 3, 4 and 5 of section 192.2495 .

(L. 1999 H.B. 490 & H.B. 308 § 14) *Word "subsection" appears in original rolls.
Mo. Rev. Stat. § 58.580 — MO Code / Chapter 58 / Section 58.580
58.580 Costs and fees, when not allowed.
Status: in_force

58.580. Costs and fees, when not allowed. — No costs or fees to the coroner shall be allowed by the county commission, in any case of the view of or inquest on a dead body, unless it appears to the commission that the coroner, either before or during the view or inquest, had reasonable cause to believe that such body was that of a person who had come to his death by violence or casualty, or who, being unknown, was found dead within such county; but where any such inquest or view has been held by the coroner, on a notification by some person, without reasonable cause to suppose that such dead body was that of a person unknown, or who had come to his death by violence or casualty, the person giving such notification, without reasonable cause, as aforesaid, shall be liable to pay all the costs, fees and expenses of such view or inquest.

(RSMo 1939 § 13252) Prior revisions: 1929 § 11633; 1919 § 5941; 1909 § 2946
Mo. Rev. Stat. § 469.409 — MO Code / Chapter 469 / Section 469.409
469.409 Bar on claim of breach of fiduciary duty, when — applicable rules.
Status: in_force

469.409. Bar on claim of breach of fiduciary duty, when — applicable rules. — 1. Any claim for breach of a trustee's duty to impartially administer a trust related, directly or indirectly, to an adjustment made by a fiduciary to the allocation between principal and income pursuant to subsection 1 of section 469.405 or any allocation made by the fiduciary pursuant to any authority or discretion specified in subsection 1 of section 469.403 , unless previously barred by adjudication, consent or other limitation, shall be barred as provided in this section.

(1) Any such claim brought by a qualified beneficiary is barred if not asserted in a judicial proceeding commenced within two years after the trustee has sent a report to that qualified beneficiary that adequately discloses the facts constituting the claim.

(2) Any such claim brought by a beneficiary (other than a qualified beneficiary) with any interest whatsoever in the trust, no matter how remote or contingent, or whether or not the beneficiary is ascertainable or has the capacity to contract, is barred if not asserted in a judicial proceeding commenced within two years after the first to occur of:

(a) The date the trustee sent a report to all qualified beneficiaries that adequately discloses the facts constituting the claim; or

(b) The date the trustee sent a report to a person that represents the beneficiary under the provisions of subdivision (2) of subsection 2 of this section.

2. For purposes of this section the following rules shall apply:

(1) A report adequately discloses the facts constituting a claim if it provides sufficient information so that the beneficiary should know of the claim or reasonably should have inquired into its existence;

(2) Section 469.402 shall apply in determining whether a beneficiary (including a qualified beneficiary) has received notice for purposes of this section;

(3) The determination of the identity of all qualified beneficiaries shall be made on the date the report is deemed to have been sent; and

(4) This section does not preclude an action to recover for fraud or misrepresentation related to the report.

(L. 2001 H.B. 241, A.L. 2004 H.B. 1511)