FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 475.078 — MO Code / Chapter 475 / Section 475.078
475.078 Effect of adjudication.
Status: in_force

475.078. Effect of adjudication. — 1. An adjudication of partial incapacity or partial disability does not operate to impose upon the ward or protectee any legal disability provided by law except to the extent specified in the order of adjudication, provided that the court shall not impose upon the ward or protectee any legal disability other than those which are consistent with the condition of the ward or protectee.

2. An adjudication of incapacity or disability does operate to impose upon the ward or protectee all legal disabilities provided by law, except to the extent specified in the order of adjudication or otherwise in this chapter, and provided further that the court is without authority to impose any legal disability upon a disabled person for whom a conservator has been appointed by reason of the person's disappearance, detention, or confinement.

3. A person who has been adjudicated incapacitated or disabled or both shall be presumed to be incompetent, except as otherwise specified in this chapter. A person who has been adjudicated partially incapacitated or partially disabled or both shall be presumed to be competent. The court at any time after a hearing on the question may determine that an incapacitated, disabled, or partially incapacitated or partially disabled person is incompetent for some purposes and competent for other purposes.

4. The court may expressly enter an order that the ward's or protectee's right to vote shall be retained even though the ward or protectee is otherwise totally incapacitated; that the ward or protectee is permitted to drive a motor vehicle if the ward or protectee can pass the required driving test; or that the ward or protectee retains the right to marry.

(L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)
Mo. Rev. Stat. § 491.010 — MO Code / Chapter 491 / Section 491.010
491.010 Witness's interest does not disqualify — exception — statements of deceased ...
Status: in_force

491.010. Witness's interest does not disqualify — exception — statements of deceased persons and incompetents and other parties to the transaction — abrogation of deadman statute. — 1. No person shall be disqualified as a witness in any civil suit or proceeding at law or in equity, by reason of his interest in the event of the same as a party or otherwise, but such interest may be shown for the purpose of affecting his credibility.

2. In any such suit, proceeding or probate matter, where one of the parties to the contract, transaction, occurrence or cause of action, or his agent in such matter, is dead or is shown to be incompetent, and the adverse party or his agent testifies with respect thereto, then any relevant statement or statements made by the deceased party or agent or by the incompetent prior to his incompetency, shall not be excluded as hearsay, provided that in trials before a jury, the trial judge shall first determine by voir dire examination out of the hearing of the jury that the declarant would have been a competent witness and that his alleged statement or statements would have been admissible in evidence if he were available to testify.

3. The provisions of this section shall apply to all trials commenced after September 28, 1985.

(RSMo 1939 § 1887, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al.) Prior revisions: 1929 § 1723; 1919 § 5410; 1909 § 6354
Mo. Rev. Stat. § 379.570 — MO Code / Chapter 379 / Section 379.570
379.570 Publication of notice — proceedings.
Status: in_force

379.570. Publication of notice — proceedings. — 1. On the filing of said petition with the clerk of said court, it shall be the duty of said clerk to cause a notice to be published in some newspaper published in the county where the cause is pending, and if there is no newspaper published in said county, then in some newspaper published in the next nearest county, addressed to all whom it may concern, and setting forth the filing of said petition and stating briefly the object and general nature of the petition and that a judgment and decree will be entered in said cause at the next term of the said court after due publication of said notice, as prayed in said petition.

2. And at the next term of said court after due publication of said notice, as herein provided, the court shall hear the said petition and the evidence which may be produced by the petitioner and by any person interested in such company as a stockholder, if it be a stock company, or as a policyholder if it be a mutual company, or as a stockholder or a policyholder in its mutual department if it be a stock and mutual company, at the time originally limited by law or its charter for the termination of the corporate existence of such company who has not assented to or ratified such reorganization and extension and continuance of the corporate existence of such company, and shall make and enter its judgment and decree ascertaining and determining the number and names of the persons who were stockholders if it be a stock company, or who were policyholders if it be a mutual company, or who were stockholders or policyholders in its mutual department if it be a stock and mutual company, of said company at the time originally limited by law or its charter for the termination of its corporate existence who have not assented to or ratified such reorganization and extension and continuance of the corporate existence of such company and the value of their respective equitable interests or proportions in its net assets at that time, and authorizing and directing such company to pay to them respectively the value of their equitable interests or proportions in such net assets as thus ascertained and determined in full satisfaction of their respective claims and interests in such net assets; and thereupon payment by said company to such stockholders or policyholders of the value of their respective equitable interests or proportions in such net assets as thus ascertained and determined such stockholders or policyholders shall have no further claims or interests in such assets of said company; provided, that the court may, if it deem it advisable, refer the matter to some suitable person as referee to hear said matter and ascertain and report to the court his findings concerning the same, as in other cases.

(RSMo 1939 § 6000) Prior revisions: 1929 § 5889; 1919 § 6299
Mo. Rev. Stat. § 64.008 — MO Code / Chapter 64 / Section 64.008
64.008 Home-based work — limitation on zoning restrictions.
Status: in_force

64.008. Home-based work — limitation on zoning restrictions. — 1. As used in this section, the term "home-based work" means any lawful occupation performed by a resident within a residential home or accessory structure, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not change the residential character of the residential building or adversely affect the character of the surrounding neighborhood.

2. A zoning ordinance or regulation adopted pursuant to this chapter that regulates home-based work shall not:

(1) Prohibit mail order or telephone sales for home-based work;

(2) Prohibit service by appointment within the home or accessory structure;

(3) Prohibit or require structural modifications to the home or accessory structure;

(4) Restrict the hours of operation for home-based work; or

(5) Restrict storage or the use of equipment that does not produce effects outside the home or accessory structure.

3. A zoning ordinance or regulation adopted pursuant to this chapter that regulates home-based work shall not contain provisions that explicitly restrict or prohibit a particular occupation.

4. The application of this section does not supersede any deed restriction, covenant, or agreement restricting the use of land nor any master deed, by law or other document applicable to a common interest ownership community.

(L. 2022 H.B. 1662)
Mo. Rev. Stat. § 58.050 — MO Code / Chapter 58 / Section 58.050
58.050 Oath — bond.
Status: in_force

58.050. Oath — bond. — All coroners, before they enter upon the duties of their office, shall take the oath prescribed by the constitution, and shall give bond to the state of Missouri, in the penalty of at least one thousand dollars, with sufficient sureties, residents of the county, conditioned for the faithful performance of the duties of their office.

(RSMo 1939 § 13228) Prior revisions: 1929 § 11609; 1919 § 5917; 1909 § 2922
Mo. Rev. Stat. § 234.380 — MO Code / Chapter 234 / Section 234.380
234.380 Terms of commissioners.
Status: in_force

234.380. Terms of commissioners. — Of the commissioners first appointed one shall be appointed to serve for a term of one year, one for two years, one for three years, one for four years and one for five years. At the expiration of the term of each commissioner and of each succeeding commissioner, the governor shall, by and with the advice and consent of the senate, appoint a successor who shall hold office for a term of five years. Each commissioner shall hold office until his successor has been appointed and qualified.

(L. 1949 p. 625 § 2) CROSS REFERENCE: Members to be appointed by the highways and transportation commission, 226.007
Mo. Rev. Stat. § 306.430 — MO Code / Chapter 306 / Section 306.430
306.430 Liens and encumbrances incurred before July 1, 2003 — how terminated, ...
Status: in_force

306.430. Liens and encumbrances incurred before July 1, 2003 — how terminated, completed and enforced. — All transactions involving liens or encumbrances on outboard motors, motorboats, vessels, or watercraft entered into before July 1, 2003, and the rights, duties, and interests flowing from such transactions shall remain valid after July 1, 2003, and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by sections 306.400 to 306.430 as though such repeal or amendment had not occurred.

(L. 1985 H.B. 280, et al. § 301.730, A.L. 2002 H.B. 2008 merged with S.B. 895) Effective 8-28-02 (H.B. 2008); 7-01-03 (S.B. 895)
Mo. Rev. Stat. § 41.584 — MO Code / Chapter 41 / Section 41.584
41.584 Missouri Afghanistan campaign ribbon.
Status: in_force

41.584. Missouri Afghanistan campaign ribbon. — The governor is hereby authorized, upon recommendation of the adjutant general of Missouri, to present, in the name of the state of Missouri, a Missouri Afghanistan campaign ribbon, which shall be of suitable design, as may be determined by the governor, to members of the Missouri National Guard who have served in direct support of Operation Enduring Freedom. The area of eligibility encompasses all land area of the country of Afghanistan and all air spaces above the land. The period of eligibility is on or after October 7, 2001, to a future date to be determined by the adjutant general of Missouri or the cessation of Operation Enduring Freedom. Not more than one Missouri Afghanistan campaign ribbon shall be awarded or presented under the provisions of this section to any one person, nor shall such ribbon be awarded to or retained by any person whose entire service subsequent to their service in direct support of Operation Enduring Freedom shall not have been honorable. In the event of the death of any person during or subsequent to their service in direct support of Operation Enduring Freedom who, in the opinion of the governor, as recommended by the adjutant general of Missouri, would be entitled to the Missouri Afghanistan campaign ribbon, the same may be presented to the surviving primary next of kin.

(L. 2010 H.B. 1524 & 2260)
Mo. Rev. Stat. § 196.565 — MO Code / Chapter 196 / Section 196.565
196.565 The state milk board may take samples.
Status: in_force

196.565. The state milk board may take samples. — The state milk board * may, for the purpose of examination or testing for the enforcement of this law, procure at any time samples of milk or its products whether produced within this state or shipped into and offered, exposed for sale or sold in the state. Any samples taken shall be carefully sealed and labeled with the name, or brand name; the name and address of the owner from whose stock it was taken; the date and place where the sample was obtained; and bear the signature of the person taking the sample. Upon request a duplicate sample sealed and labeled in the same manner shall be delivered to the owner or owner's representative.

(L. 1981 H.B. 52) *See Reorganization Plan No. 5 of 1982 on file with the Secretary of State.
Mo. Rev. Stat. § 67.1928 — MO Code / Chapter 67 / Section 67.1928
67.1928 Authorized appropriations from special trust fund.
Status: in_force

67.1928. Authorized appropriations from special trust fund. — For purposes of sections 67.1922 to 67.1940 , appropriations from the economic development sales tax trust fund may be used for the following:

(1) Comprehensive programs encouraging the prevention, control and abatement of water pollution within the county;

(2) Cooperating with agencies of the state, the federal government, other states and interstate agencies, and with affected groups, political subdivisions and industries in furtherance of the purposes of sections 644.006 to 644.141 ;

(3) Encouraging, participating in or conducting studies, investigations and research relating to water pollution causes and prevention pursuant to sections 644.006 to 644.141 ;

(4) Collecting and disseminating information relating to water pollution and the prevention, control and abatement, pursuant to sections 644.006 to 644.141 ;

(5) Developing, implementing and carrying out comprehensive programs for encouragement, promotion and necessary construction for the orderly development of water and sewage systems and infrastructure, including roads interconnecting to state highways within the county;

(6) Formulating programs for the promotion of fishing and hunting areas, historical sites, vacation regions and areas of historic or scenic interest;

(7) Cooperating with civic groups and local, state and federal departments and agencies, and departments and agencies of other states in encouraging educational tourism and developing programs therefor;

(8) Publishing tourist promotional material such as brochures and booklets; and

(9) Promoting tourism in the county by any means including but not limited to articles and advertisements in magazines, newspapers, radio, television, internet and travel publications and by establishing promotional exhibitions at travel shows and similar exhibitions.

(L. 2001 S.B. 323 & 230)
Mo. Rev. Stat. § 217.021 — MO Code / Chapter 217 / Section 217.021
217.021 Community behavioral health program, purpose — department duties.
Status: in_force

217.021. Community behavioral health program, purpose — department duties. — 1. The department shall establish and implement a community behavioral health program to provide comprehensive community-based services for individuals under the supervision of the department who have serious behavioral health conditions.

2. The department shall, in collaboration with the department of mental health:

(1) Establish a referral and evaluation process for access to the program;

(2) Establish eligibility criteria that include consideration of recidivism risk and behavioral health condition severity;

(3) Establish discharge criteria and processes, with a goal of establishing a seamless transition to post-program services to decrease recidivism; and

(4) Develop multidisciplinary program oversight, auditing, and evaluation processes that shall include:

(a) Oversight authority of program case management services through the department of mental health;

(b) Provider performance and outcome metrics; and

(c) Reports to the legislature and the governor on the status of the program as requested.

3. The department of mental health shall, in collaboration with the department of corrections:

(1) Contract for and pay behavioral health service providers under the program;

(2) Supervise, support, and monitor referral caseloads and the provision of services by contract behavioral health service providers;

(3) Require that contract behavioral health service providers:

(a) Accept all eligible referrals, provide individualized care delivered through integrated multidisciplinary care teams, and continue services on an ongoing basis until established discharge criteria are met;

(b) Accept reimbursement on a per-month, per-referral basis, and ensure that the payment schedule is based on a pay-for-performance model that includes consideration of identified outcomes and the level of services required; and

(c) Bill third parties for services.

(L. 2018 H.B. 1355)
Mo. Rev. Stat. § 88.773 — MO Code / Chapter 88 / Section 88.773
88.773 Water supply — contracts.
Status: in_force

88.773. Water supply — contracts. — 1. The board of aldermen may make contracts with any person, association or corporation, either private or municipal, for furnishing the city with water, and for supplying fire hydrants and public fountains, but no such contract shall be made for a longer time than twenty years. Any initial contract must be ratified by a vote of a majority of the voters of the city voting on the question. Any renewal contracts entered into under the provisions of this section shall be subject to voter approval of the majority of the voters voting on the question, pursuant to section 88.251 .

2. The board of aldermen may also erect, maintain and operate waterworks for the city, and may regulate the same, may prescribe and regulate the rates to charge to private consumers of water furnished from such waterworks, and may acquire by purchase, donation or condemnation, suitable grounds within or without the city, upon which to erect such works, and the right-of-way to and from such works, and also the right-of-way for laying water pipes and posts and telephone, telephone exchanges with other cities and towns, telegraph or electric wires and poles, under or above the ground, as may be necessary for the efficient operation of such waterworks; all of which shall be done in such manner as shall be prescribed by ordinance; except that the board of aldermen may, in its discretion, grant the right to any person, persons or corporation to erect, maintain and operate waterworks, and lay pipes, erect poles and telegraph, telephone exchanges with other cities and towns, and other electric wires, under or above ground, as may be necessary for the efficient operation of such works, upon such terms as the board of aldermen may prescribe by ordinance, and in no case shall such right extend for a longer period than twenty years; except that such right may be renewed for another period or periods not to exceed twenty years per period. Every initial grant for such services shall be approved by a majority of voters voting on the question. Every renewal or extension shall be subject to voter approval of the majority of the voters voting on the question, pursuant to the provisions of section 88.251 . Nothing in this section shall be so construed as to prevent the board of aldermen from contracting with any person, association or corporation for supplying fire hydrants and public fountains, in cities where franchises have already been granted, and where waterworks already exist, without a vote of the people.

(RSMo 1939 § 7179, A.L. 1978 H.B. 971, A.L. 1986 H.B. 1471, et al., A.L. 1989 H.B. 451) Prior revisions: 1929 § 7029; 1919 § 8480; 1909 § 9382
Mo. Rev. Stat. § 340.222 — MO Code / Chapter 340 / Section 340.222
340.222 Supervisor responsible and liable, when.
Status: in_force

340.222. Supervisor responsible and liable, when. — 1. A supervisor, as defined in subdivision (23) of section 340.200 , is individually and separately responsible and liable for the performance of the acts delegated to and the omissions of the veterinary technician, veterinary medical candidate, temporary licensee, veterinary medical preceptee, unregistered assistant or any other individual working under his or her supervision.

2. Nothing in this section shall be construed to relieve veterinary technicians, veterinary medical candidates, provisional licensees, temporary licensees, veterinary medical preceptees or unregistered assistants of any responsibility or liability for any of their own acts or omissions.

(L. 1992 H.B. 878 § 12, A.L. 1999 S.B. 424, A.L. 2006 S.B. 756, A.L. 2023 S.B. 157)
Mo. Rev. Stat. § 301.3094 — MO Code / Chapter 301 / Section 301.3094
301.3094 Tribe of Mic-O-Say special license plate, application, fee.
Status: in_force

301.3094. Tribe of Mic-O-Say special license plate, application, fee. — 1. Any member of the Tribe of Mic-O-Say may receive special license plates as prescribed by this section, for any motor vehicle such person owns, either solely or jointly, other than an apportioned motor vehicle or a commercial motor vehicle licensed in excess of twenty-four thousand pounds gross weight, after an annual payment of an emblem-use authorization fee to the Tribe of Mic-O-Say of which the person is a member. The Tribe of Mic-O-Say hereby authorizes the use of its official emblem to be affixed on multiyear personalized license plates as provided in this section. Any contribution to the Tribe of Mic-O-Say derived from this section, except reasonable administrative costs, shall be used solely for the purposes of the Tribe of Mic-O-Say. Any member of the Tribe of Mic-O-Say may annually apply for the use of the emblem.

2. Upon annual application and payment of a twenty-five dollar emblem-use contribution to the Tribe of Mic-O-Say, the organization shall issue to the vehicle owner, without further charge, an emblem-use authorization statement, which shall be presented by the owner to the department of revenue at the time of registration of a motor vehicle. Upon presentation of the annual statement, payment of a fifteen dollar fee in addition to the registration fee and documents which may be required by law, the department of revenue shall issue to the vehicle owner a personalized license plate which shall bear the emblem of the Tribe of Mic-O-Say. Such license plates shall be made with fully reflective material with a common color scheme and design, shall be clearly visible at night, and shall be aesthetically attractive, as prescribed by section 301.130 .

3. A vehicle owner, who was previously issued a plate with the Tribe of Mic-O-Say emblem authorized by this section but who does not provide an emblem-use authorization statement at a subsequent time of registration, shall be issued a new plate which does not bear the Tribe of Mic-O-Say emblem, as otherwise provided by law. The director of revenue shall make necessary rules and regulations for the administration of this section, and shall design all necessary forms required by this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536 .

(L. 2002 H.B. 1093, et al., A.L. 2016 H.B. 2380)