FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 36.060 — MO Code / Chapter 36 / Section 36.060
36.060 Duties of director — rules generally, promulgation, procedure.
Status: in_force

36.060. Duties of director — rules generally, promulgation, procedure. — 1. In addition to the duties imposed elsewhere in this chapter, it shall be the duty of the director:

(1) To make any investigation which he or she may consider desirable concerning the administration of personnel subject to this chapter pursuant to subsection 1 of section 36.030 and all personnel of any department or agency of the executive branch of state government not exempted from section 36.031 ;

(2) To hold regular meetings with appointing authorities to propose methods of resolving general personnel problems;

(3) To make such suggestions and recommendations to the governor and the commissioner of administration relating to the state's employment policies as will promote morale, efficiency and uniformity in compensation of the various employees in the state service;

(4) To promulgate rules and regulations on behalf of the commissioner of administration to ensure that no applicant or employee is discriminated against on the basis of race, creed, color, religion, national origin, sex, ancestry or handicap.

2. 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. 1945 p. 1157 § 6, A.L. 1971 S.B. 327, A.L. 1979 H.B. 673, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2010 H.B. 1868, A.L. 2018 S.B. 1007, A.L. 2023 S.B. 111)
Mo. Rev. Stat. § 600.044 — MO Code / Chapter 600 / Section 600.044
600.044 Legal services to be furnished by defender, dismissal from case, when, ...
Status: in_force

600.044. Legal services to be furnished by defender, dismissal from case, when, procedure. — A defender who undertakes to represent an eligible person shall continue to do so at every stage of the case or proceeding, including the filing of a motion for new trial and the processing, briefing, and argument of an appeal, until the defender is relieved of his duties by the director or is permitted by a court to withdraw.

(L. 1982 H.B. 1169) Effective 4-01-82
Mo. Rev. Stat. § 512.250 — MO Code / Chapter 512 / Section 512.250
512.250 Associate circuit judge or clerk to file transcript with clerk for trial de ...
Status: in_force

512.250. Associate circuit judge or clerk to file transcript with clerk for trial de novo. — When an application for a trial de novo is timely filed, the associate circuit judge or the clerk who has custody of the case papers shall forthwith transmit the case papers in the cause or a transcript thereof to the clerk receiving cases originally filed for hearing and determination before a circuit judge, and the cause shall thereupon be assigned for a trial de novo before a circuit or associate circuit judge in accordance with assignment procedures prescribed by local circuit court rule or as directed by the presiding judge of the circuit.

(RSMo 1939 § 2736, A.L. 1945 p. 765 § 136, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 2350; 1919 § 2900; 1909 § 7577 Effective 1-02-79
Mo. Rev. Stat. § 81.050 — MO Code / Chapter 81 / Section 81.050
81.050 Election and terms of officers (cities of 1,000 and less than 3,000).
Status: in_force

81.050. Election and terms of officers (cities of 1,000 and less than 3,000). — At the next municipal election in all cities and towns under special charters having one thousand inhabitants and less than three thousand inhabitants, and every two years thereafter, there shall be elected the officers as specified in said charters to be elected, each of whom shall hold his office until his successor is elected and qualified; except that any such city may provide by ordinance that two councilmen shall be elected each year for a term of two years. At the first election held after the passage of any such ordinance the two councilmen receiving the highest number of votes shall hold office for two years each and the two receiving the next highest number of votes shall hold office for one year each; and thereafter two councilmen shall be elected each year for terms of two years each.

(RSMo 1939 § 7448, A.L. 1959 H.B. 53, A.L. 1978 H.B. 971) Prior revisions: 1929 § 7295; 1919 § 8710; 1909 § 9588
Mo. Rev. Stat. § 332.031 — MO Code / Chapter 332 / Section 332.031
332.031 Board, powers and duties — rulemaking, procedure.
Status: in_force

332.031. Board, powers and duties — rulemaking, procedure. — 1. The board shall administer and enforce the provisions of this chapter, prescribe the duties of its officers and employees, and adopt, publish, and enforce such rules and regulations within the scope and purview of the provisions of this chapter as may be considered by the board to be necessary or proper for the effective administration and interpretation of the provisions of this chapter, and for the conduct of its business and management of its internal affairs.

2. The board shall adopt, publish, and enforce rules and regulations which regulate and define the acts and areas of practice which may be performed by dental hygienists, dental assistants, certified dental assistants and expanded functions dental assistants. Such rules shall establish the degree of supervision which must be provided by a currently licensed dentist and such educational and proof of competency requirements as must be met for any procedure performed by a dental hygienist, dental assistant, certified dental assistant or expanded functions dental assistant. The dentist shall be responsible for all patient care regardless of whether the care is rendered personally by the dentist or by a dental hygienist, dental assistant, certified dental assistant or expanded functions dental assistant.

3. The board shall set the amount of the fees which this chapter authorizes and requires by rules and regulations promulgated pursuant to section 536.021 . The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering this chapter.

4. 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. 1969 S.B. 97, A.L. 1981 S.B. 16, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3 merged with S.B. 35) Effective 8-28-95 (S.B. 3); 6-13-95 (S.B. 35)
Mo. Rev. Stat. § 148.030 — MO Code / Chapter 148 / Section 148.030
148.030 Banks subject to tax based on income — rate — credits.
Status: in_force

148.030. Banks subject to tax based on income — rate — credits. — 1. Every banking institution shall be subject to an annual tax for the privilege of exercising its corporate franchises within the state determined in accordance with subsection 2 of this section.

2. The annual franchise tax imposed by subsection 1 of this section shall be the sum of the amounts determined under subdivisions (1) and (2) of this subsection:

(1) For taxable years beginning after December 31, 1986, the amount determined under this subdivision shall be determined in accordance with section 147.010 ;

(2) The amount determined under this subdivision shall be seven percent of the taxpayer's net income for the income period, from which product shall be subtracted the sum of the amount determined under subdivision (1) of this subsection and the credits allowable under subsection 3 of this section. However, the amount determined under this subdivision shall not be less than zero.

3. For purposes of subdivision (2) of subsection 2 of this section, the allowable credits are all taxes paid to the state of Missouri or any political subdivision thereof during the relevant income period, including, without limitation, state and local sales and use taxes paid to seller's, vendors, or the state of Missouri with respect to the taxpayer's purchases of tangible personal property and the services enumerated in chapter 144 . However, a taxpayer shall not be entitled to credits for taxes on real estate and tangible personal property owned by the taxpayer and held for lease or rental to others, contributions paid pursuant to the unemployment compensation tax law of Missouri, taxes imposed by this law, taxes imposed under chapter 147 for taxable years after 1985, or state and local sales and use taxes collected by the taxpayer on its sales of tangible personal property and the services enumerated in chapter 144 .

(L. 1945 p. 1921 § 3, A. 1949 S.B. 1031, A.L. 1971 H.B. 169, A.L. 1972 H.B. 1054, A.L. 1986 H.B. 1195, A.L. 1987 H.B. 349) Effective 1-1-88
Mo. Rev. Stat. § 141.020 — MO Code / Chapter 141 / Section 141.020
141.020 Compromise of taxes permissible.
Status: in_force

141.020. Compromise of taxes permissible. — The provisions of the law with reference to the compromise of taxes shown on the back tax book or recorded list of delinquent lands and lots in the collector's office shall apply to and shall also authorize the compromise of any judgment for taxes after the same had been rendered therefor and up to that time when the property shall be sold under execution issued on said judgment; such compromise to be authorized by the same officials and under the same conditions as set forth under existing law for the compromise of taxes.

(RSMo 1939 § 11197, A.L. 1945 p. 1946 § 11391)
Mo. Rev. Stat. § 46.163 — MO Code / Chapter 46 / Section 46.163
46.163 Wright.
Status: in_force

46.163. Wright. — Beginning in the middle of range sixteen, on the township line dividing townships twenty-seven and twenty-eight; thence north with the subdivisional lines to the middle of township thirty-two; thence east with the subdivisional lines to the middle of range twelve; thence south with the subdivisional lines to the township line dividing townships twenty-seven and twenty-eight; thence west with said township line to the place of beginning.

(RSMo 1939 § 13662) Prior revisions: 1929 § 12003; 1919 § 9405; 1909 § 3622
Mo. Rev. Stat. § 169.596 — MO Code / Chapter 169 / Section 169.596
169.596 Retired teacher may teach full time without loss of retirement benefits, ...
Status: in_force

169.596. Retired teacher may teach full time without loss of retirement benefits, when — school district requirements. — 1. Notwithstanding any other provision of this chapter to the contrary, a retired certificated teacher receiving a retirement benefit from the retirement system established pursuant to sections 169.010 to 169.141 may, without losing his or her retirement benefit, teach full time for up to four years for a school district covered by such retirement system; provided that the school district has a shortage of certified teachers, as determined by the school district, and provided that no such retired certificated teacher shall be employed as a superintendent. The total number of such retired certificated teachers shall not exceed, at any one time, the greater of one percent of the total certificated teachers and noncertificated staff for that school district, or five certificated teachers.

2. Notwithstanding any other provision of this chapter to the contrary, a person receiving a retirement benefit from the retirement system established pursuant to sections 169.600 to 169.715 may, without losing his or her retirement benefit, be employed full time for up to four years for a school district covered by such retirement system; provided that the school district has a shortage of noncertificated employees, as determined by the school district. The total number of such retired noncertificated employees shall not exceed, at any one time, the lesser of ten percent of the total noncertificated staff for that school district, or five employees.

3. The employer's contribution rate shall be paid by the hiring school district.

4. In order to hire teachers and noncertificated employees pursuant to the provisions of this section, the school district shall:

(1) Show a good faith effort to fill positions with nonretired certificated teachers or nonretired noncertificated employees;

(2) Post the vacancy for at least one month;

(3) Have not offered early retirement incentives for either of the previous two years;

(4) Solicit applications through the local newspaper, other media, or teacher education programs;

(5) Determine there is an insufficient number of eligible applicants for the advertised position; and

(6) Declare a critical shortage of certificated teachers or noncertificated employees that is active for one year.

5. Any person hired pursuant to this section shall be included in the State Directory of New Hires for purposes of income and eligibility verification pursuant to 42 U.S.C. Section 1320b-7.

(L. 2003 H.B. 346 & 174, A.L. 2005 S.B. 287, A.L. 2023 S.B. 20 merged with S.B. 75)
Mo. Rev. Stat. § 408.193 — MO Code / Chapter 408 / Section 408.193
408.193 Credit cards, no derogatory reports to credit agencies for carrying a zero ...
Status: in_force

408.193. Credit cards, no derogatory reports to credit agencies for carrying a zero balance. — 1. For the purposes of this section, the term "credit card" shall mean a credit device defined as such in the federal Consumer Credit Protection Act.

2. Any entity that issues credit cards in this state, delivers credit cards in this state or causes credit cards to be delivered in this state shall not make any derogatory report to a credit reporting agency on any credit card holder solely because such credit card holder has paid the entire outstanding balance on such credit card by the payment date.

3. Nothing herein shall authorize or prohibit an entity from suspending credit card privileges or recalling the issued credit card for any purpose.

(L. 1998 S.B. 852 & 913 § 1) Effective 1-01-99
Mo. Rev. Stat. § 630.070 — MO Code / Chapter 630 / Section 630.070
630.070 Workers' compensation law extended to employees of department.
Status: in_force

630.070. Workers' compensation law extended to employees of department. — 1. The provisions of chapter 287 governing workers' compensation are extended to include all employees and authorized student and volunteer workers of the department. The state of Missouri shall be a self-insurer and assume all liability imposed by chapter 287 , in respect to such personnel of the department, without insurance, and the attorney general shall appear on behalf of and defend the state in all actions brought by such personnel of the department under the provisions of the workers' compensation law.

2. The director has authority to perform such duties as may be necessary or incidental to carry out effectively the purposes of this section.

3. The extension of chapter 287 to include personnel of the department is not construed as acknowledging or creating any liability in tort, or as incurring other obligations or duties other than the duty and obligation of complying with the provisions of chapter 287 .

(L. 1980 H.B. 1724)
Mo. Rev. Stat. § 632.050 — MO Code / Chapter 632 / Section 632.050
632.050 Division to identify community-based services.
Status: in_force

632.050. Division to identify community-based services. — The division shall identify community-based services in each geographic area as entry and exit points into and from the state mental health delivery system offering a continuum of comprehensive mental health services.

(L. 1980 H.B. 1724)
Mo. Rev. Stat. § 49.510 — MO Code / Chapter 49 / Section 49.510
49.510 County to provide and equip offices.
Status: in_force

49.510. County to provide and equip offices. — It shall be the duty of the county to provide offices or space where the officers of the county may properly carry on and perform the duties and functions of their respective offices. Said county shall maintain, furnish and equip said offices and provide them with the necessary stationery, supplies, equipment, appliances and furniture, all to be taken care of and paid out of the county treasury of said county at the time and in the manner that the county commission may direct.

(RSMo 1939 § 13533, A. 1949 H.B. 2006, A.L. 1983 S.B. 219) Effective 1-01-85
Mo. Rev. Stat. § 630.130 — MO Code / Chapter 630 / Section 630.130
630.130 Electroconvulsive therapy, procedure — prohibitions — attorney's fees.
Status: in_force

630.130. Electroconvulsive therapy, procedure — prohibitions — attorney's fees. — 1. Every patient, whether voluntary or involuntary, in a public or private mental health facility shall have the right to refuse electroconvulsive therapy.

2. Before electroconvulsive therapy may be administered voluntarily to a patient, the patient shall be informed, both orally and in writing, of the risks of the therapy and shall give his express written voluntary consent to receiving the therapy.

3. Involuntary electroconvulsive therapy may be administered under a court order after a full evidentiary hearing where the patient refusing such treatment is represented by counsel who shall advocate his or her position. The therapy may be administered on an involuntary basis only if it is shown, by clear and convincing evidence, that the therapy is necessary under the following criteria:

(1) There is a strong likelihood that the therapy will significantly improve or cure the patient's mental disorder for a substantial period of time without causing him any serious functional harm; and

(2) There is no less drastic alternative form of therapy which could lead to substantial improvement in the patient's condition. At the conclusion of such hearing, if the petitioner has sustained his burden of proof, the court may order up to a specified number of involuntary electroconvulsive therapy treatments to be performed over a specified period of time.

4. Parents of minor patients or legal guardians of incompetent patients shall be required to obtain court orders authorizing electroconvulsive therapy under the procedures specified in subsection 3 of this section.

5. Persons who are diagnosed solely as intellectually disabled shall not be subject to electroconvulsive therapy.

6. If the judge finds that the respondent is unable to pay attorney's fees for the services rendered in the proceedings the judge shall allow a reasonable attorney's fee for the services, which fee shall be assessed as costs and paid together with all the costs in the proceeding by the state, in accordance with rules and regulations promulgated by the state court administrator, from funds appropriated to the office of administration for such purposes provided that no attorney's fees shall be allowed for services rendered by any attorney who is a salaried employee of a public agency or a private agency which receives public funds.

(L. 1980 H.B. 1724, A.L. 2004 S.B. 1211, A.L. 2014 H.B. 1064) (2006) Section allows a healthcare provider who has a duty of care to act in the patient's best interest, even if the patient has refused treatment, if the patient is in need of the therapy. In re Dunn, 181 S.W.3d 601 (Mo.App.E.D.).
Mo. Rev. Stat. § 393.275 — MO Code / Chapter 393 / Section 393.275
393.275 Commission to notify cities and counties of tariff increases, when, ...
Status: in_force

393.275. Commission to notify cities and counties of tariff increases, when, contents of notice — reduction of license tax, when — exception, procedure — to maintain. — 1. The commission shall notify the governing body of each city or county imposing a business license tax pursuant to section 66.300 , 92.045 , 94.110 , 94.270 or 94.360 , or a similar tax adopted pursuant to charter provisions in any constitutional charter city with a population of at least three hundred fifty thousand inhabitants which is located in more than one county, on gross receipts of any gas corporation, electric corporation, water corporation or sewer corporation of any tariff increases authorized for such firm doing business in that city or county if the approved increase exceeds seven percent. The commission shall include with such notice to any city or county the percentage increase approved for the utility, together with an estimate of the annual increase in gross receipts resulting from the tariff increase on customers residing in that city or county. The provisions of this subsection shall not apply to rate adjustments in the purchase price of natural gas which are approved by the commission.

2. The governing body of each city or county notified of a tariff increase as provided in subsection 1 of this section shall reduce the tax rate of its business license tax on the gross receipts of utility corporations. Within sixty days of the effective date of the tariff increase, the tax rate shall be reduced to the extent necessary so that revenue for the ensuing twelve months will be approximately equal to the revenue received during the preceding twelve months plus a growth factor. The growth factor shall be equal to the average of the additional revenue received in each of the preceding three years. However, a city or county may maintain the tax rate of its business license tax on the gross receipts of utility corporations without reduction if an ordinance to maintain the tax rate is enacted by the governing body of the city or an order to maintain the tax rate is issued by the governing body of the county after September 28, 1985. The provisions of this subsection shall not apply to rate adjustments in the purchase price of natural gas which are approved by the commission.

(L. 1984 H.B. 1477 § 393.190 subsec. 2, § 2, A.L. 1985 H.B. 200, A.L. 1993 H.B. 453)
Mo. Rev. Stat. § 229.010 — MO Code / Chapter 229 / Section 229.010
229.010 Roads to be thirty feet wide.
Status: in_force

229.010. Roads to be thirty feet wide. — All public roads in this state which hereafter may be established shall not be less than thirty feet in width.

(RSMo 1939 § 8471) Prior revisions: 1929 § 7825; 1919 § 10623; 1909 § 10433 (1967) Creating of public road under section 228.190 was valid although road created was only 18 to 20 feet wide and this section requires that public roads shall not be less than 30 feet in width. Drydale v. Kiser (Mo.), 413 S.W.2d 506.
Mo. Rev. Stat. § 393.845 — MO Code / Chapter 393 / Section 393.845
393.845 Officers, annual election, removal from office — employees and agents.
Status: in_force

393.845. Officers, annual election, removal from office — employees and agents. — The officers of a nonprofit sewer company shall consist of a president, vice president, secretary and treasurer, who shall be elected annually. No person shall continue to hold the offices of president or vice president after he shall have ceased to be a director. The offices of secretary and of treasurer may be held by the same person and need not be a member of the board of directors. The board of directors may also elect or appoint such other officers, agents, or employees as it shall deem necessary or advisable and shall prescribe the powers and duties thereof. Any officer may be removed from office and his successor elected in the manner prescribed in the bylaws.

(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3) Effective 12-23-97