FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 89.110 — MO Code / Chapter 89 / Section 89.110
89.110 Board of adjustment — decisions subject to review — procedure.
Status: in_force

89.110. Board of adjustment — decisions subject to review — procedure. — Any person or persons jointly or severally aggrieved by any decision of the board of adjustment, any neighborhood organization as defined in section 32.105 representing such person or persons or any officer, department, board or bureau of the municipality, may present to the circuit court of the county or city in which the property affected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the board. Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order. The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceedings under sections 89.080 to 89.110 shall have preference over all other civil actions and proceedings.

(RSMo 1939 § 7418, A.L. 1997 S.B. 112) Prior revision: 1929 § 7265 (1965) This section was not meant to change the nature of the hearing from one of review to one de novo on the merits, but was intended only to allow further evidence that touches upon the procedural legality of the hearings before the board. State v. Ladue Professional Building, Inc. (A.), 395 S.W.2d 316. (1974) Held that filing of a petition for a writ of certiorari within 30 days met requirement of "presented to the court". State ex rel. Monsey Feager/Rouse-Waites v. McGuire (A.), 510 S.W.2d 449.
Mo. Rev. Stat. § 166.091 — MO Code / Chapter 166 / Section 166.091
166.091 Disposition of property granted.
Status: in_force

166.091. Disposition of property granted. — The director of revenue shall, as early as practicable, dispose of the property granted, given or devised, according to the terms specified in the written instrument granting or giving the same to the public school fund. If the property is money, or after the property is converted into money, it shall be deposited in the state treasury and securely invested and sacredly preserved as a part of the public school fund, as provided by the constitution of this state. The annual income from the grant, gift or devise shall be appropriated and disbursed and paid over, as near as may be, according to the terms of the writing making the grant, gift or devise, and for no other uses or purposes whatsoever.

(L. 1963 p. 200 § 7-9) (Source: RSMo 1959 § 161.260, A.L. 1961 p. 345)
Mo. Rev. Stat. § 434.010 — MO Code / Chapter 434 / Section 434.010
434.010 Bonds, notes founded on gaming considerations, void.
Status: in_force

434.010. Bonds, notes founded on gaming considerations, void. — All judgments by confession, conveyances, bonds, bills, notes and securities, when the consideration is money or property won at any game, gambling device, or by any bet or wager whatever, shall be void and may be set aside and vacated by any court of competent jurisdiction, upon suit brought for that purpose by the person so confessing, giving, entering into or executing the same, or by his executors or administrators or by any creditor, heir, devisee, purchaser or other person interested therein.

(RSMo 1939 § 3394, A.L. 1953 p. 321) Prior revisions: 1929 § 3007; 1919 § 5744; 1909 § 6625
Mo. Rev. Stat. § 148.010 — MO Code / Chapter 148 / Section 148.010
148.010 Title of law.
Status: in_force

148.010. Title of law. — Sections 148.010 to 148.110 may be designated as the "Bank Tax Law of 1946".

(L. 1945 p. 1921 § 1)
Mo. Rev. Stat. § 191.614 — MO Code / Chapter 191 / Section 191.614
191.614 Breach of contract for service obligation, penalties — recovery of amount ...
Status: in_force

191.614. Breach of contract for service obligation, penalties — recovery of amount paid by contributing community. — 1. If an individual breaches the written contract of the individual by failing either to begin such individual's service obligation or to complete such service obligation, the state shall be entitled to recover from the individual an amount equal to the sum of:

(1) The total of the amounts prepaid by the state on behalf of the individual;

(2) The interest on the amounts which would be payable if at the time the amounts were paid they were loans bearing interest at the maximum prevailing rate as determined by the Treasurer of the United States;

(3) An amount equal to any damages incurred by the department as a result of the breach; and

(4) Any legal fees or associated costs incurred by the department or the state of Missouri in the collection of damages.

2. The department may act on behalf of a qualified community to recover from an individual described in this section the portion of a loan repayment paid by such community for such individual.

(L. 1988 H.B. 1380 § 7, A.L. 2001 H.B. 567 merged with S.B. 393, A.L. 2025 H.B. 419 merged with S.B. 150)
Mo. Rev. Stat. § 488.5050 — MO Code / Chapter 488 / Section 488.5050
488.5050 Surcharges on all criminal cases, amount — deposit in general revenue fund ...
Status: in_force

488.5050. Surcharges on all criminal cases, amount — deposit in general revenue fund or DNA profiling analysis fund, when — expiration date. — * 1. In addition to any other surcharges authorized by statute, the clerk of each court of this state shall collect the surcharges provided for in subsection 2 of this section.

* 2. A surcharge of thirty dollars shall be assessed as costs in each circuit court proceeding filed within this state in all criminal cases in which the defendant is found guilty of a felony, except when the defendant is found guilty of a class B felony, class A felony, or an unclassified felony, under chapter 579 , in which case, the surcharge shall be sixty dollars. A surcharge of fifteen dollars shall be assessed as costs in each court proceeding filed within this state in all other criminal cases, except for traffic violation cases in which the defendant is found guilty of a misdemeanor.

3. Notwithstanding any other provisions of law, the moneys collected by clerks of the courts pursuant to the provisions of subsection 1 of this section shall be collected and disbursed in accordance with sections 488.010 to 488.020 , and shall be payable to the state treasurer.

4. The state treasurer shall deposit such moneys or other gifts, grants, or moneys received on a monthly basis into the "DNA Profiling Analysis Fund", which is hereby created in the state treasury. The fund shall be administered by the department of public safety. The moneys deposited into the DNA profiling analysis fund shall be used only by the highway patrol crime lab to fulfill the purposes of the DNA profiling system pursuant to section 650.052 . Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

5. The provisions of subsections 1 and 2 of this section shall expire on August 28, 2029.

(L. 2004 S.B. 1000 § 488.5400, A.L. 2005 S.B. 423, A.L. 2006 S.B. 1023, A.L. 2012 S.B. 789, A.L. 2019 H.B. 694) *Subsections 1 and 2 expire 8-28-29
Mo. Rev. Stat. § 630.161 — MO Code / Chapter 630 / Section 630.161
630.161 Investigation of reports of vulnerable person abuse, when.
Status: in_force

630.161. Investigation of reports of vulnerable person abuse, when. — The department of mental health shall investigate incidents and reports of vulnerable person abuse using the procedures established in sections 630.163 to 630.167 and, upon substantiation of the report of vulnerable person abuse, shall promptly report the incident to the appropriate law enforcement agency and prosecutor. If the department is unable to substantiate whether abuse occurred due to the failure of the operator or any of the operator's agents or employees to cooperate with the investigation, the incident shall be promptly reported to appropriate law enforcement agencies.

(L. 2007 S.B. 3, A.L. 2014 S.B. 491) Transferred 2014; formerly 565.216; Effective 1-01-17
Mo. Rev. Stat. § 509.210 — MO Code / Chapter 509 / Section 509.210
509.210 Libel and slander, averments — defenses.
Status: in_force

509.210. Libel and slander, averments — defenses. — In an action for libel or slander, it shall not be necessary to state in the petition any extrinsic facts, for the purpose of showing the application to the plaintiff of the defamatory matter out of which the claim arose, but it shall be sufficient to state, generally, that the same was published or spoken concerning the plaintiff; and if such allegation be not controverted in the answer, it shall not be necessary to prove it on the trial; in other cases it shall be necessary. The defendant may, in his answer, allege both the truth of the matter charged as defamatory and any mitigating circumstances admissible in evidence to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstance.

(L. 1943 p. 353 § 53)
Mo. Rev. Stat. § 37.070 — MO Code / Chapter 37 / Section 37.070
37.070 Transparency policy — public availability of data — broad interpretation of ...
Status: in_force

37.070. Transparency policy — public availability of data — broad interpretation of sunshine law requests — breach of the public trust, when. — 1. It shall be the policy of each state department to carry out its mission with full transparency to the public. Any data collected in the course of its duties shall be made available to the public in a timely fashion. Data, reports, and other information resulting from any activities conducted by the department in the course of its duties shall be easily accessible by any member of the public.

2. Each department shall broadly interpret any request for information under section 610.023 :

(1) Even if such request for information does not use the words "sunshine request", "open records request", "public records request", or any such similar wording;

(2) Even if the communication is simply an inquiry as to the availability or existence of data or information; and

(3) Regardless of the format in which the communication is made, including electronic mail, facsimile, internet, postal mail, in person, telephone, or any other format.

3. Any failure by a department to release information shall, in addition to any other applicable violation of law, be considered a violation of the department's policy under this section and shall constitute a breach of the public's trust.

4. This section shall not be construed to limit or exceed the requirements of the provisions in chapter 610 , nor shall this section require different treatment of a record considered closed or confidential under section 610.021 than what is required under that section.

(L. 2011 H.B. 89 § 37.970) Effective 7-11-11 CROSS REFERENCE: Nonseverability clause, 640.099
Mo. Rev. Stat. § 328.075 — MO Code / Chapter 328 / Section 328.075
328.075 Barber apprentices, application, fee, requirements — rulemaking authority.
Status: in_force

328.075. Barber apprentices, application, fee, requirements — rulemaking authority. — 1. Any person desiring to practice as an apprentice for barbering in this state shall apply to the board, shall be registered as an apprentice with the board, and shall pay the appropriate fees prior to beginning their apprenticeship. Barber apprentices shall be at least seventeen years of age.

2. Any person desiring to act as an apprentice supervisor for barbering in this state shall first possess a license to practice the occupation of barbering, apply to the board, pay the appropriate fees, complete an eight-hour apprentice supervision instruction course certified by the board, and be issued a license as a barber apprentice supervisor prior to supervising barber apprentices.

3. The board may promulgate rules establishing the criteria for the supervision and training of barber apprentices.

4. Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028 . This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2004, shall be invalid and void.

(L. 2004 S.B. 1122, A.L. 2005 S.B. 280, A.L. 2020 H.B. 2046)
Mo. Rev. Stat. § 84.170 — MO Code / Chapter 84 / Section 84.170
84.170 Police force vacancies and promotions — rules of board, requirements.
Status: in_force

84.170. Police force vacancies and promotions — rules of board, requirements. — 1. When any vacancy shall take place in any grade of officers, it shall be filled from the next lowest grade; provided, however, that probationary patrolmen shall serve at least six months as such before being promoted to the rank of patrolman; patrolmen shall serve at least three years as such before being promoted to the rank of sergeant; sergeants shall serve at least one year as such before being promoted to the rank of lieutenant; lieutenants shall serve at least one year as such before being promoted to the rank of captain; and in no case shall the chief or assistant chief be selected from men not members of the force or below the grade of captain. Patrolmen shall serve at least three years as such before promotion to the rank of detective; the inspector shall be taken from men in the rank not below the grade of lieutenant.

2. The boards of police are hereby authorized to make all such rules and regulations, not inconsistent with sections 84.010 * to 84.340 , or other laws of the state, as they may judge necessary, for the appointment, employment, uniforming, discipline, trial and government of the police. At the time of the effective date of this act ** and until such time as the board adopts other investigative and disciplinary policies and procedures not inconsistent with section 590.502 , discipline and investigative procedures for commissioned and civilian employees of the police force shall be regulated by rule 7 of the police manual of the police department in effect as of November 4, 2013; except that, where rule 7 is in conflict with section 590.502 , the board shall comply with the requirements of section 590.502 . Under no circumstances shall the board initially or hereafter adopt investigative and disciplinary procedures that do not include the summary hearing board procedures provided for in rule 7 of the police manual of the police department in effect as of November 4, 2013. The said boards shall also have power to require of any officer or policeman bond with sureties when they may consider it demanded by the public interests. All lawful rules and regulations of the board shall be obeyed by the police force on pain of dismissal or such lighter punishment, either by suspension, fine, reduction or forfeiture of pay, or otherwise as the boards may adjudge.

3. The authority possessed by the board of police includes, but is not limited to, the authority to delegate portions of its powers authorized in section 84.120 , including presiding over a disciplinary hearing, to a hearing officer as determined by the board.

(RSMo 1939 § 7695, A.L. 2007 H.B. 41 merged with H.B. 574, A.L. 2025 H.B. 495) Prior revisions: 1929 § 7547; 1919 § 8957; 1909 § 9809 Effective 3-26-25 *Section 84.010 was repealed by Initiative, Proposition A, November 6, 2012. **This "act" contained an emergency clause for certain sections, see § B, H.B. 495, 2025. Severability clause, see § 1.1001
Mo. Rev. Stat. § 540.110 — MO Code / Chapter 540 / Section 540.110
540.110 Foreperson — powers and duties — oath.
Status: in_force

540.110. Foreperson — powers and duties — oath. — The foreperson of every grand jury, from the time of his appointment to his discharge, shall be authorized to administer any oath, declaration or affirmation, in the manner prescribed by law, to any witness who shall appear before such grand jury, for the purpose of giving evidence in any matter cognizable by them. In addition to the usual oath, the foreperson, before such witness shall testify, shall administer to him or her the following oath:

Do you further solemnly swear, or affirm, that you will not after your examination here, directly or indirectly, divulge or make known to any person or persons the fact that this grand jury has or has had under consideration the matters concerning which you shall be examined, or any other fact or thing which may come to your knowledge while before this body, or concerning which you shall here testify, unless lawfully required to testify in relation thereto?

(RSMo 1939 § 3906, A.L. 1989 S.B. 127, et al.) Prior revisions: 1929 § 3517; 1919 § 3862; 1909 § 5070 (1956) In suit for damages against prosecuting attorney and sheriff for extorting money from plaintiff under threat of criminal prosecution, evidence before grand jury of the execution and contents of documents which were lost after presentation to grand jury was admissible. Mannon v. Frick, 365 Mo. 1203, 295 S.W.2d 158. (1956) Trial court must determine whether, under all the circumstances present, and weighing the reasons for secrecy against the present need for disclosure, whether evidence before grand jury may be introduced. Mannon v. Frick, 365 Mo. 1203, 295 S.W.2d 158. (1959) Trial court held to have discretion to order the exhibition to an inspection by the defendant of parts of the grand jury transcript of the testimony of the defendant and of witnesses endorsed on the indictment against him only. State ex rel. Clagett v. James (Mo.), 327 S.W.2d 278.
Mo. Rev. Stat. § 425.300 — MO Code / Chapter 425 / Section 425.300
425.300 Real party in interest on assignment of claim for billing, collection, ...
Status: in_force

425.300. Real party in interest on assignment of claim for billing, collection, bringing suit, attorney required to appear in court — court may sever actions. — Collection agencies may take assignment of claims in their own name as real parties in interest for the purpose of billing and collection and bringing suit in their own and the claimant's names thereon, provided that no suit authorized by this section may be instituted on behalf of a collection agency in any court unless the collection agency appears by a duly authorized and licensed attorney at law. Upon good cause being shown, a court may sever any actions brought under this section.

(L. 1992 S.B. 688 § 5)
Mo. Rev. Stat. § 388.490 — MO Code / Chapter 388 / Section 388.490
388.490 Powers and duties of such corporation.
Status: in_force

388.490. Powers and duties of such corporation. — Such incorporation shall possess all the rights, privileges and powers given to any railroad corporation by the laws of this state, and in addition thereto, shall not be required to have any greater amount of stock than to the incorporators thereof may seem necessary; and provided further, that said corporation shall have power to create whatever amount of bonded indebtedness such corporation may deem necessary.

(RSMo 1939 § 5260) Prior revisions: 1929 § 4822; 1919 § 10011; 1909 § 3227
Mo. Rev. Stat. § 376.1253 — MO Code / Chapter 376 / Section 376.1253
376.1253 Second opinion, right of newly diagnosed cancer patients, attending ...
Status: in_force

376.1253. Second opinion, right of newly diagnosed cancer patients, attending physician to inform — insurance coverage for such second opinions required, when. — 1. Each physician attending any patient with a newly diagnosed cancer shall inform the patient that the patient has the right to a referral for a second opinion by an appropriate board-certified specialist prior to any treatment. If no specialist in that specific cancer diagnosis area is in the provider network, a referral shall be made to a nonnetwork specialist in accordance with this section.

2. Each health carrier or health benefit plan, as defined in section 376.1350 , that offers or issues health benefit plans which are delivered, issued for delivery, continued or renewed in this state on or after January 1, 2003, shall provide coverage for a second opinion rendered by a specialist in that specific cancer diagnosis area when a patient with a newly diagnosed cancer is referred to such specialist by his or her attending physician. Such coverage shall be subject to the same deductible and coinsurance conditions applied to other specialist referrals and all other terms and conditions applicable to other benefits, including the prior authorization and/or referral authorization requirements as specified in the applicable health insurance policy.

3. The provisions of this section shall not apply to a supplemental insurance policy, including a life care contract, accident-only policy, specified disease policy, hospital policy providing a fixed daily benefit only, Medicare supplement policy, long-term care policy, short-term major medical policies of six months' or less duration, or any other supplemental policy as determined by the director of the department of commerce and insurance.

(L. 2002 S.B. 1026)