FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 452.390 — MO Code / Chapter 452 / Section 452.390
452.390 Investigation and report on custodial arrangements for a child — how ...
Status: in_force

452.390. Investigation and report on custodial arrangements for a child — how conducted — report due, when — material to be available to counsel and parties. — 1. The court may order an investigation and report concerning custodial arrangements for the child. The investigation and report may be made by the county welfare office, the county juvenile officer, or any other competent person.

2. In preparing his report concerning a child, the investigator may consult any person who may have information about the child and his potential custodial arrangements. Upon order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, or other expert persons who have served the child in the past without obtaining the consent of the parent or the child's custodian, but the child's consent must be obtained if he has reached the age of sixteen, unless the court finds that he lacks mental capacity to consent.

3. At least ten days prior to the hearing the investigator shall furnish his report to counsel and to any party not represented by counsel. No one else, including the court, shall be entitled thereto prior to the hearing. The investigator shall make available to counsel and to any party not represented by counsel an investigator's file of underlying data and reports, complete texts of diagnostic reports made to the investigator pursuant to the provisions of subsection 2, and the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call as witnesses the investigator and any person whom the investigator has consulted.

(L. 1973 H.B. 315 § 19) Effective 1-01-74
Mo. Rev. Stat. § 198.161 — MO Code / Chapter 198 / Section 198.161
198.161 Fraud investigation division created — director — compensation — assistance ...
Status: in_force

198.161. Fraud investigation division created — director — compensation — assistance by local prosecutors. — 1. There is hereby created within the department of social services a "Fraud Investigation Division". The fraud investigation division shall be headed by a division director appointed by the director of the department of social services. The director of the fraud investigation division shall be an attorney at law licensed to practice in this state and shall have substantial experience in criminal prosecution or defense. The director of the fraud investigation division shall receive such compensation as the director of the department of social services may designate subject to appropriation by the general assembly. The director of the fraud investigation division may employ such attorneys, accountants, investigators and such other personnel as are necessary to conduct the activities of the division. A team approach to the operations of the division shall be utilized wherever practicable.

2. The director of the fraud investigation division, with such assistance as he may require from the appropriate county prosecuting attorney, shall investigate suspected violations of sections 198.139 to 198.155 and any civil liabilities due the state as a result of any such violation. Evidence of actions which may constitute criminal violations under sections 198.139 to 198.155 shall be referred to the appropriate county prosecuting attorney. If the prosecuting attorney fails or refuses to initiate prosecution on a cause referred to him by the director of the fraud investigation division within sixty days after he is made aware by complaint of an alleged violation, the prosecuting attorney shall so notify the attorney general, who may take full charge of the prosecution and may initiate prosecution by information or indictment for the violation.

(L. 1979 S.B. 328, et al. § 52) Effective 7-1-79
Mo. Rev. Stat. § 194.408 — MO Code / Chapter 194 / Section 194.408
194.408 State historic preservation officer, reinterment, duties — consultation ...
Status: in_force

194.408. State historic preservation officer, reinterment, duties — consultation with advisory council on historic preservation, when — conformity with federal law. — 1. Whenever an unmarked human burial or human skeletal remains are reported to the state historic preservation officer, the state historic preservation officer shall proceed as follows:

(1) Insofar as possible, the state historic preservation officer shall make reasonable efforts to identify and locate persons who can establish direct kinship with or descent from the individual whose remains constitute the burial. The state historic preservation officer, in consultation with the most closely related family member, shall determine the proper disposition of the remains;

(2) When no direct kin or descendants can be identified or located, but the burial or remains can be shown to have ethnic affinity with living peoples, the state historic preservation officer in consultation with the leaders of the ethnic groups having a relation to the burial or remains shall determine the proper disposition of the remains. But, if the state historic preservation officer determines the burial or remains are scientifically significant, no reinterment shall occur until the burial or remains have been examined by a skeletal analyst designated by the state historic preservation officer. In no event shall reinterment be delayed more than one year;

(3) When the burial or remains cannot be related to any living peoples, the state historic preservation officer, in consultation with the Missouri advisory council on historic preservation, shall determine the proper disposition of the burial or remains. But, if the state historic preservation officer determines the burial or remains are scientifically significant, no reinterment shall occur until the burial or remains have been examined by a skeletal analyst designated by the state historic preservation officer. In no event shall reinterment be delayed more than one year unless otherwise and to the extent determined by the council;

(4) Notwithstanding subdivisions (2) and (3) of this section the state historical preservation officer may seek approval from the council to delay reinterment of the remains for an additional scientific study in a facility chosen by the state historic preservation officer. If the study is approved by the council reinterment shall be delayed for a period as specified by the council.

2. All actions and decisions of the state historic preservation officer and the council shall be in conformity with the provisions of the federal National Historic Preservation Act of 1966, as amended, and the federal Native American Graves Protection and Repatriation Act (NAGPRA).

(L. 1987 S.B. 24 § 5, A.L. 2018 S.B. 843)
Mo. Rev. Stat. § 105.1445 — MO Code / Chapter 105 / Section 105.1445
105.1445 Notice to public employees, eligibility for loan forgiveness — public ...
Status: in_force

105.1445. Notice to public employees, eligibility for loan forgiveness — public employers to adopt policy, notice. — 1. On or before January 1, 2017, the department of higher education and workforce development shall create guidance regarding notice of public employee eligibility for public service loan forgiveness. Public employers may use the guidance in providing notice to employees under subsection 2 of this section. The guidance shall include, but not be limited to, the following:

(1) Up-to-date, accurate, and complete information regarding eligibility for participation in existing public service loan forgiveness programs;

(2) Contact information and relevant forms for applying for existing public service loan forgiveness programs; and

(3) Other relevant information as determined by the department of higher education and workforce development.

2. On or before April 1, 2017, the governing body of each public employer in this state shall adopt a policy that provides up-to-date, accurate, and complete information to each new employee regarding eligibility for public service loan forgiveness. Notice to new employees shall be provided within ten days following the start of employment with the public employer. On or before June 30, 2017, the public employer shall provide the same information to all current employees employed on that date.

(L. 2016 S.B. 997)
Mo. Rev. Stat. § 269.140 — MO Code / Chapter 269 / Section 269.140
269.140 State veterinarian may prescribe additional requirements.
Status: in_force

269.140. State veterinarian may prescribe additional requirements. — The state veterinarian may prescribe specific and also additional requirements, not inconsistent with the provisions and purposes of this chapter, governing and regulating such transportation and the construction, equipment, maintenance and operation of such vehicles and substations.

(L. 1941 p. 290 § 14493k, A.L. 1992 H.B. 878)
Mo. Rev. Stat. § 379.1850 — MO Code / Chapter 379 / Section 379.1850
379.1850 Lender-placed insurance, applicability — exceptions.
Status: in_force

379.1850. Lender-placed insurance, applicability — exceptions. — 1. Sections 379.1850 to 379.1869 shall apply to insurers and insurance producers engaged in any transaction involving lender-placed insurance, as defined in section 379.1851 .

2. All lender-placed insurance written in connection with mortgaged real property, including manufactured homes and modular units, as defined in section 700.010 , is subject to the provisions of sections 379.1850 to 379.1869 , except:

(1) Transactions involving extensions of credit primarily for business, commercial, or agricultural purposes;

(2) Insurance offered by the lender or servicer and elected by the mortgagor at the mortgagor's option;

(3) Insurance purchased by a lender or servicer on real estate owned property;

(4) Insurance for which no specific charge is made to the mortgagor or the mortgagor's account.

(L. 2023 S.B. 101)
Mo. Rev. Stat. § 376.1369 — MO Code / Chapter 376 / Section 376.1369
376.1369 Certification of compliance, when.
Status: in_force

376.1369. Certification of compliance, when. — A health carrier shall annually provide a written certification to the director that the utilization review program of the health carrier or its designee complies with all applicable state and federal laws establishing confidentiality and reporting requirements.

(L. 1997 H.B. 335)
Mo. Rev. Stat. § 55.060 — MO Code / Chapter 55 / Section 55.060
55.060 Qualifications (second class and certain first class counties).
Status: in_force

55.060. Qualifications (second class and certain first class counties). — No person shall be elected or appointed county auditor of a county of the first class not having a charter form of government or of a county of the second class unless he is a citizen of the United States above the age of twenty-one years, and has resided within the state for one whole year and within the county for which he is elected or appointed for three months immediately preceding the election or his appointment. He shall also be a person familiar with the theory and practice of accounting by education, training and experience and able to perform the duties imposed upon the county auditor by the provisions of this chapter. The county auditor shall, after his appointment or election, reside in the county for which he is auditor.

(RSMo 1939 § 13864, A.L. 1945 p. 1406, A.L. 1973 H.B. 678) Prior revisions: 1929 § 12201; 1919 § 9599; 1909 § 3820
Mo. Rev. Stat. § 534.120 — MO Code / Chapter 534 / Section 534.120
534.120 Failure to prosecute, nonsuit.
Status: in_force

534.120. Failure to prosecute, nonsuit. — If the complainant fail to attend and prosecute his suit in person, or by agent or attorney, at the time appointed for the hearing of the complaint, he shall be nonsuited, and the defendant shall recover his costs.

(RSMo 1939 § 2840) Prior revisions: 1929 § 2454; 1919 § 3002; 1909 § 7664
Mo. Rev. Stat. § 471.030 — MO Code / Chapter 471 / Section 471.030
471.030 Joint tenants or tenants by entirety.
Status: in_force

471.030. Joint tenants or tenants by entirety. — Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants. The term "joint tenants" includes owners of property held under circumstances which entitled one or more to the whole of the property on the death of the other or others.

(L. 1947 V. I p. 13 § 3, A.L. 1959 S.B. 120)
Mo. Rev. Stat. § 566.150 — MO Code / Chapter 566 / Section 566.150
566.150 Certain offenders not to be present or loiter within five hundred feet of a ...
Status: in_force

566.150. Certain offenders not to be present or loiter within five hundred feet of a public park, swimming pool, athletic complex, museum, or nature center — violation, penalty — exception for nature or education center, when. — 1. Any person who has been found guilty of:

(1) Violating any of the provisions of this chapter or the provisions of section 568.020 , incest; section 568.045 , endangering the welfare of a child in the first degree; section 573.200 , use of a child in a sexual performance; section 573.205 , promoting a sexual performance by a child; section 573.023 , sexual exploitation of a minor; section 573.025 , promoting child pornography; section 573.037 , possession of child pornography; or section 573.040 , furnishing pornographic material to minors; or

(2) Any offense in any other jurisdiction which, if committed in this state, would be a violation listed in this section;

shall not knowingly be present in or loiter within five hundred feet of any real property comprising any public park with playground equipment, a public swimming pool, athletic complex or athletic fields if such facilities exist for the primary use of recreation for children, any museum if such museum holds itself out to the public as and exists with the primary purpose of entertaining or educating children under eighteen years of age, or Missouri department of conservation nature or education center properties.

2. The first violation of the provisions of this section is a class E felony.

3. A second or subsequent violation of this section is a class D felony.

4. Any person who has been found guilty of an offense under subdivision (1) or (2) of subsection 1 of this section who is the parent, legal guardian, or custodian of a child under the age of eighteen attending a program on the property of a nature or education center of the Missouri department of conservation may receive permission from the nature or education center manager to be present on the property with the child during the program.

(L. 2009 H.B. 62, A.L. 2014 S.B. 491, A.L. 2017 S.B. 34 merged with S.B. 160, A.L. 2021 H.B. 432, A.L. 2022 S.B. 775, et al.)
Mo. Rev. Stat. § 196.540 — MO Code / Chapter 196 / Section 196.540
196.540 Administration by state milk board — rules, promulgation — exempt products.
Status: in_force

196.540. Administration by state milk board — rules, promulgation — exempt products. — 1. The state milk board * shall administer the provisions of sections 196.520 to 196.610 , and is hereby authorized to:

(1) Promulgate those regulations necessary to fulfill the intent of sections 196.520 to 196.610 as related to the production, transportation, grading, use and processing of manufacturing milk; to the packaging, labeling and storage of dairy products made therefrom; and to the measuring, weighing, sampling and testing of all milk, grade "A" fluid milk and manufacturing milk, at first point of sale; provided, such regulations are promulgated according to the provisions of this section and chapter 536 ;

(2) Inspect manufacturing dairy farms and dairy manufacturing plants;

(3) Certify dairy farms for the production and sale of manufacturing milk;

(4) License dairy manufacturing plants to handle and process manufacturing milk in conformity with basic requirements and specifications prescribed by such regulations as may be issued hereunder in effectuation of the intent hereof;

(5) Inspect and license laboratories involved in market testing of milk at first point of sale;

(6) Require the keeping of appropriate books and records by plants, farms, and laboratories licensed hereunder; and

(7) License qualified milk graders, fieldmen, and bulk milk truck operators.

2. No rule or portion of a rule promulgated under the authority of sections 196.520 to 196.614 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024 .

3. Exempt from the provisions of sections 196.520 to 196.610 shall be ice cream and frozen desserts which are under the authority of the department of health and senior services, which administers sections 196.851 to 196.918 ** ; and grade "A" fluid milk products, which are under the authority of the state milk board pursuant to sections 196.931 to 196.959 .

(L. 1981 H.B. 52, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3) *See Reorganization Plan No. 5 of 1982 on file with the Secretary of State. **Section 196.918 was repealed by S.B. 707 § 1, 1980.
Mo. Rev. Stat. § 327.221 — MO Code / Chapter 327 / Section 327.221
327.221 Applicant for license as professional engineer, qualifications.
Status: in_force

327.221. Applicant for license as professional engineer, qualifications. — Any person may apply to the board for licensure as a professional engineer who is a graduate of and holds a degree in engineering from an accredited school of engineering, or who possesses an education which includes at the minimum a baccalaureate degree in engineering, and which in the opinion of the board, equals or exceeds the education received by a graduate of an accredited school, and has acquired at least four years of satisfactory engineering experience, after such person has graduated and has received a degree or education as provided in this section; provided that the board shall by rule provide what shall constitute satisfactory engineering experience based upon recognized education and training equivalents, but in any event such rule shall provide that no more than one year of satisfactory postgraduate work in engineering subjects and that each year of satisfactory teaching of engineering subjects accomplished after a person has graduated from and has received a degree from an accredited school of engineering or after receiving an education as provided in this section shall count as equivalent years of satisfactory engineering experience.

(L. 1969 S.B. 117, A.L. 1981 S.B. 16, A.L. 1983 S.B. 324, A.L. 1999 H.B. 343, A.L. 2014 S.B. 809, A.L. 2018 H.B. 1719, A.L. 2020 H.B. 2046)
Mo. Rev. Stat. § 315.028 — MO Code / Chapter 315 / Section 315.028
315.028 Sewage and wastewater treatment.
Status: in_force

315.028. Sewage and wastewater treatment. — 1. Sewage and wastewater treatment and disposal shall be accomplished in a manner so as to not create a health hazard, pollute or contaminate groundwater, or create a nuisance.

2. Sewage and wastewater treatment systems with a discharge shall be installed and maintained in compliance with the laws and/or regulations of the department of natural resources.

(L. 1985 S.B. 279 § 7) Effective 8-09-85
Mo. Rev. Stat. § 304.160 — MO Code / Chapter 304 / Section 304.160
304.160 Glass, tacks, injurious substances, duty to remove from highway, when — penalty.
Status: in_force

304.160. Glass, tacks, injurious substances, duty to remove from highway, when — penalty. — 1. Any person who has purposely, accidentally, or by reason of an accident, dropped any tacks, nails, wire, scrap metal, glass, crockery, sharp stones, or other substances injurious to the feet of persons or animals, or to the tires or wheels of vehicles, including motor vehicles, upon any highway shall immediately make all reasonable efforts to clear the highway of the substances.

2. Violation of this section shall be deemed a class C misdemeanor.

(RSMo 1939 § 8401, A. 1949 S.B. 1113, A.L. 1961 p. 496, A.L. 1996 H.B. 1047) Prior revision: 1929 § 7783
Mo. Rev. Stat. § 67.305 — MO Code / Chapter 67 / Section 67.305
67.305 Counties or cities not to arrest or punish for public intoxication.
Status: in_force

67.305. Counties or cities not to arrest or punish for public intoxication. — No county or municipality, except as provided in section 67.310 , may adopt or enforce a law, rule or ordinance which authorizes or requires arrest or punishment for public intoxication or being a common or habitual drunkard or alcoholic. No county or municipality may interpret or apply any law or ordinance to circumvent the provisions of this section.

(L. 1977 H.B. 341 § 1, A.L. 1978 S.B. 749)
Mo. Rev. Stat. § 9.136 — MO Code / Chapter 9 / Section 9.136
9.136 POW/MIA flag, display of encouraged on certain dates.
Status: in_force

9.136. POW/MIA flag, display of encouraged on certain dates. — All government buildings, businesses, and citizens of the state of Missouri are encouraged to display the POW/MIA flag, which is designed to commemorate the service and sacrifice of the members of the Armed Forces of the United States who were prisoners of war or missing in action, on Memorial Day, the Fourth of July, September eleventh, and Veterans Day.

(L. 2006 H.B. 984)
Mo. Rev. Stat. § 361.430 — MO Code / Chapter 361 / Section 361.430
361.430 On taking possession, director shall notify those holding assets — effect ...
Status: in_force

361.430. On taking possession, director shall notify those holding assets — effect of notification. — 1. When the director shall have taken possession of the property and business of any such corporation, he shall forthwith give notice of such fact to any and all banks, trust companies, associations and individuals holding any assets of such corporation.

2. No corporation, association or individual having notice or knowledge that the director has taken possession of such corporation, shall have a lien or charge against any of the assets of such corporation for any payment, advance or clearance thereafter made, or liability thereafter incurred.

(RSMo 1939 § 7920) Prior revisions: 1929 § 5326; 1919 § 11709
Mo. Rev. Stat. § 332.161 — MO Code / Chapter 332 / Section 332.161
332.161 Failed applicant, new examination — fee.
Status: in_force

332.161. Failed applicant, new examination — fee. — If an applicant for the dental examination or an applicant for the dental hygienist examination fails to make the required average grade as specified by the board, he may make an application to the board for reexamination on a form to be furnished by the board on request and he may take a new examination or examinations at such time and place as is specified by the board, upon payment by an applicant of a reexamination fee equivalent to the dentist examination fee or upon payment by an applicant for examination as a dental hygienist of a reexamination fee equivalent to the dental hygienist examination fee. The new examination or examinations and subsequent registration, if any, shall be governed by the provisions of sections 332.151 and 332.251 , respectively.

(L. 1969 S.B. 97, A.L. 1981 S.B. 16)