FrankGoortani/open-us-law huggingface dataset:
Mo. Rev. Stat. § 256.405 — MO Code / Chapter 256 / Section 256.405
256.405 Purpose to develop information for future water resource management — water ...
Status: in_force

256.405. Purpose to develop information for future water resource management — water usage law applicable to — exemptions. — The purpose of sections 71.287 and 256.400 to 256.430 is to insure the development of information required for the analysis of certain future water resource management needs. It is intended to provide an important part of the information required in the technical assessment of current and future requirements for the regulation of water use or consumption, or both, on a regional or statewide basis, as may be required. The provisions of sections 71.287 and 256.400 to 256.430 shall not apply to dredging operations or water withdrawn or diverted from farm or other ponds or impoundments of water which collect and hold surface water and which are located upon property owned or leased by the withdrawer or diverter so long as the common law rights of downstream owners are not abridged, but the provisions of sections 71.287 and 256.400 to 256.430 shall apply to water withdrawn or diverted from wells or springs located on property owned by the withdrawer or diverter.

(L. 1983 H.B. 271 § 2)
Mo. Rev. Stat. § 476.070 — MO Code / Chapter 476 / Section 476.070
476.070 Power of courts to issue writs.
Status: in_force

476.070. Power of courts to issue writs. — All courts shall have power to issue all writs which may be necessary in the exercise of their respective jurisdictions, according to the principles and usages of law.

(RSMo 1939 § 2008) Prior revisions: 1929 § 1844; 1919 § 2341; 1909 § 3863 (1954) In condemnation suit where no question of public use was injected, the only function of the court was to determine the compensation for the taking and a writ of execution or of assistance to enforce the taking, could not be based on the decree therein. St. Louis Housing Authority v. Jower (A.), 267 S.W.2d 344. (1959) Objection by person confined in jail in one county to his removal to another county on writ of habeas corpus ad prosequendum for trial on felony charge held without merit. State v. Robinson (Mo.), 325 S.W.2d 465.
Mo. Rev. Stat. § 58.360 — MO Code / Chapter 58 / Section 58.360
58.360 Jury to deliver verdict in writing.
Status: in_force

58.360. Jury to deliver verdict in writing. — The jury, having viewed the body by photographic, electronic, or other means, heard the evidence, and made all the inquiry in their power, shall draw up and deliver to the coroner their verdict upon the death under consideration, in writing under their hand, and the same shall be signed by the coroner.

(RSMo 1939 § 13241, A.L. 2002 H.B. 2002 merged with S.B. 1113) Prior revisions: 1929 § 11622; 1919 § 5930; 1909 § 2935
Mo. Rev. Stat. § 534.347 — MO Code / Chapter 534 / Section 534.347
534.347 Unauthorized sublessor or assignor of leased premises, double damages, when.
Status: in_force

534.347. Unauthorized sublessor or assignor of leased premises, double damages, when. — In any action against any tenant to recover rent, or possession of any premises pursuant to chapter 534 or 535 , if it appears from the evidence that such tenant allowed another person or persons to come into sole possession of any lands or tenements under or by collusion with such tenant and without the permission of the landlord, the court may, in addition to the rent due, allow the prevailing party damages not to exceed twice the amount of the rent due. Nothing in this section shall be construed to limit the landlord's ability to recover attorney's fees, other expenses or damages, or to pursue other remedies provided in the lease.

(L. 1997 H.B. 361)
Mo. Rev. Stat. § 452.775 — MO Code / Chapter 452 / Section 452.775
452.775 Jurisdiction declined by reason of conduct.
Status: in_force

452.775. Jurisdiction declined by reason of conduct. — 1. Except as otherwise provided in section 452.755 , if a court of this state has jurisdiction under sections 452.700 to 452.930 because a person invoking the jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:

(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;

(2) A court of the state otherwise having jurisdiction under sections 452.740 to 452.750 determines that this state is a more appropriate forum under section 452.770 ; or

(3) No other state would have jurisdiction under sections 452.740 to 452.750 .

2. If a court of this state declines to exercise its jurisdiction under subsection 1 of this section, the court may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the wrongful conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under sections 452.740 to 452.750 .

3. If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction under subsection 1 of this section, the court shall charge the party invoking the jurisdiction of the court with necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the award would be clearly inappropriate. The court may not assess fees, costs or expenses against this state except as otherwise provided by law other than sections 452.700 to 452.930 .

(L. 2009 H.B. 481)
Mo. Rev. Stat. § 319.130 — MO Code / Chapter 319 / Section 319.130
319.130 Public hearings required, when — training program requirements — record ...
Status: in_force

319.130. Public hearings required, when — training program requirements — record keeping — rulemaking authority. — 1. On or before April 1, 2012, the board of trustees of the petroleum storage tank insurance fund shall hold one or more public hearings to determine whether to create and fund an underground storage tank operator training program. The board shall consider at a minimum:

(1) Input from the department of natural resources, the department of agriculture, the board's advisory committee, and affected portions of the private sector;

(2) Relevant deadlines, time frames, costs, and benefits, including federal funding consequences for the state's underground storage tank regulatory program if such a training program is not implemented;

(3) Training programs already in existence in other states;

(4) Training programs already being used by tank owners and operators; and

(5) Such other factors as the board deems necessary and prudent.

2. If after completing the requirements of subsection 1 of this section, the board decides by majority vote to create and fund an underground storage tank operator training program, the training program shall at a minimum:

(1) Satisfy the federal requirements for such a program;

(2) Be developed in collaboration with the department of natural resources, the department of agriculture, the board's advisory committee, and affected portions of the private sector;

(3) Be offered at no cost to those who are required to participate;

(4) Specify standards, reporting, and documentation requirements; and

(5) Be established by rule.

3. The board may contract with one or more third parties to carry out the requirements of this section.

4. At any time after the board creates and funds the underground storage tank operator training program under subsection 2 of this section, the board may, by rule, modify or eliminate the program.

5. Any records created or maintained by the board as part of the underground storage tank operator training program created herein shall be public records under chapter 610 and shall be made readily available to the department of natural resources.

6. 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 under 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, 2011, shall be invalid and void.

(L. 2011 S.B. 135)
Mo. Rev. Stat. § 46.162 — MO Code / Chapter 46 / Section 46.162
46.162 Worth.
Status: in_force

46.162. Worth. — Beginning at the northeast corner of Gentry County; thence north with the line dividing ranges twenty-nine and thirty to the northern boundary line of the state of Missouri; thence west with said northern boundary line to the northwest corner of section thirty-four, township sixty-seven, range thirty-three, west; thence south on the section line between sections thirty-three and thirty-four of said township and range; thence south between sections three and four, nine and ten, fifteen and sixteen, twenty-one and twenty-two, twenty-seven and twenty-eight, thirty-three and thirty-four of townships sixty-six and sixty-five, range thirty-three, west; thence east on the north line of Gentry County to the place of beginning.

(RSMo 1939 § 13592) Prior revisions: 1929 § 11933; 1919 § 9335; 1909 § 3552
Mo. Rev. Stat. § 56.067 — MO Code / Chapter 56 / Section 56.067
56.067 Prosecuting attorney must devote full time to office or special ...
Status: in_force

*56.067. Prosecuting attorney must devote full time to office or special prosecutions (certain counties). — In counties of the first classification not having a charter form of government and other counties in which the prosecuting attorney is a full-time position, the prosecuting attorney, except in the performance of special prosecutions or otherwise representing the state or its political subdivisions, shall devote full time to his office, and shall not engage in the practice of law.

(L. 1967 p. 130, A.L. 1998 S.B. 819, A.L. 1999 S.B. 275, A.L. 2014 S.B. 672) *Revisor's Note: This section was declared unconstitutional in Calzone v. Koster, et al., see 2016 annotation below. (2016) Provisions of S.B. 672 from 2014 declared unconstitutional as violating the single subject rule of Article III, § 23; under the facts presented, those provisions cannot be severed and the bill is unconstitutional in its entirety. Calzone v. Koster, et al., Case No. 15AC-CC00247 (Cole County Cir. Ct., Feb. 9, 2016).
Mo. Rev. Stat. § 369.145 — MO Code / Chapter 369 / Section 369.145
369.145 Safe deposit boxes, same rights, powers and duties as bank and trust companies.
Status: in_force

369.145. Safe deposit boxes, same rights, powers and duties as bank and trust companies. — All associations regulated by this chapter, including federal associations, shall have the same rights, powers and duties, relating to safe deposit boxes, as provided to banks and trust companies in chapter 362 .

(L. 1994 H.B. 1312)
Mo. Rev. Stat. § 104.343 — MO Code / Chapter 104 / Section 104.343
104.343 Military service, purchase of prior service credit, refund to surviving ...
Status: in_force

104.343. Military service, purchase of prior service credit, refund to surviving spouse when death occurs before retirement, procedure, limitation. — The surviving spouse of any deceased member who purchased creditable prior service for service in the Armed Forces of the United States pursuant to subsection 4 of section 104.340 and who died prior to retirement may, upon written request, receive a refund of the amount contributed for such purchase of creditable prior service, provided the surviving spouse is not entitled to a survivorship benefit as payable under the provisions of section 104.420 .

(L. 1989 H.B. 674, A.L. 1992 S.B. 499, et al.)
Mo. Rev. Stat. § 417.026 — MO Code / Chapter 417 / Section 417.026
417.026 Term of registration — notice of expiration, when required.
Status: in_force

417.026. Term of registration — notice of expiration, when required. — 1. Registration of a mark hereunder shall be effective for a term of ten years from the date of registration and, upon application filed within six months prior to the expiration of such term, on a form to be authorized or furnished by the secretary of state, the registration may be renewed for a like term. A renewal fee of ten dollars, payable to the director of revenue, shall accompany the application for renewal of the registration. A mark registration may be renewed for successive periods of ten years in like manner.

2. The secretary of state shall notify registrants of marks hereunder of the necessity of renewal within the year next preceding the expiration of the ten years from the date of registration, by writing to the last known address of the registrants.

3. Any registration in force on September 28, 1973, shall expire ten years from the date of the registration or of the last renewal thereof or September 28, 1974, whichever is later, and may be renewed by filing an application with the secretary of state on a form authorized or furnished by him and paying the aforementioned renewal fee therefor within six months prior to the expiration of the registration.

4. All applications for renewals under sections 417.005 to 417.066 whether of registrations made under sections 417.005 to 417.066 or of registrations effected under any prior act, shall include a statement that the mark is still in use in this state.

5. The secretary of state shall within six months after September 28, 1973, notify all registrants of marks under previous acts of the date of expiration of such registrations unless renewed in accordance with the provisions of sections 417.005 to 417.066 , by writing to the last known address of the registrants.

(L. 1973 H.B. 281 § 5, A.L. 1995 S.B. 80 & 88)
Mo. Rev. Stat. § 376.678 — MO Code / Chapter 376 / Section 376.678
376.678 Life insurance policies and annuity contracts, annual statement to holder ...
Status: in_force

376.678. Life insurance policies and annuity contracts, annual statement to holder required — company to furnish policy or contract information to holder upon request. — 1. Notwithstanding any other provision of law, all life insurance companies licensed to do business in this state shall furnish at least annually to each individual whole life policyholder and individual deferred annuity contractholder, a statement or notice providing sufficient information to permit identification of the policy or contract. Such identification notice shall include the name of the policyholder or contractholder, the policy or contract number and any premium payable.

2. Upon the request of the policyholder or an authorized representative, such company shall, within a reasonable period of time, furnish applicable information relating to the policy or contract, such as, type of plan, amount of insurance, policy values, policy loans or dividends.

(L. 1987 S.B. 337 § 1)
Mo. Rev. Stat. § 559.106 — MO Code / Chapter 559 / Section 559.106
559.106 Lifetime supervision of certain sexual offenders — electronic monitoring — ...
Status: in_force

559.106. Lifetime supervision of certain sexual offenders — electronic monitoring — termination at age sixty-five permitted, when. — 1. Notwithstanding any statutory provision to the contrary, when a court grants probation to an offender who has been found guilty of an offense in:

(1) Section 566.030 , 566.032 , 566.060 , 566.062 , 566.067 , 566.083 , 566.100 , 566.151 , 566.210 , 566.211 , 568.020 , 573.200 , or 573.205 , based on an act committed on or after August 28, 2006; or

(2) Section 566.068 , 566.069 , 566.210 , 566.211 , 573.200 , or 573.205 based on an act committed on or after January 1, 2017, against a victim who was less than fourteen years of age and the offender is a prior sex offender as defined in subsection 2 of this section;

the court shall order that the offender be supervised by the division of probation and parole for the duration of his or her natural life.

2. For the purpose of this section, a prior sex offender is a person who has previously been found guilty of an offense contained in chapter 566 , or violating section 568.020 , when the person had sexual intercourse or deviate sexual intercourse with the victim, or of violating subdivision (2) of subsection 1 of section 568.045 .

3. When probation for the duration of the offender's natural life has been ordered, a mandatory condition of such probation is that the offender be electronically monitored. Electronic monitoring shall be based on a global positioning system or other technology that identifies and records the offender's location at all times.

4. In appropriate cases as determined by a risk assessment, the court may terminate the probation of an offender who is being supervised under this section when the offender is sixty-five years of age or older.

(L. 2005 H.B. 353 merged with H.B. 972, A.L. 2006 H.B. 1698, et al., A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)
Mo. Rev. Stat. § 512.025 — MO Code / Chapter 512 / Section 512.025
512.025 Habeas corpus proceedings for custody of minor child, who may appeal.
Status: in_force

512.025. Habeas corpus proceedings for custody of minor child, who may appeal. — Any party may appeal to the court of appeals from a decision in a habeas corpus proceeding involving the custody of a minor child where there is in effect, at the time of the hearing on the writ, no prior court order determining custody. Such appeal shall be expedited by the court in every manner practicable.

(L. 1986 S.B. 493 § 1)
Mo. Rev. Stat. § 456.1025 — MO Code / Chapter 456 / Section 456.1025
456.1025 Intent to exercise — after-acquired power.
Status: in_force

456.1025. Intent to exercise — after-acquired power. — 1. Except as otherwise provided in subsection 2 of this section, a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause.

2. If the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective.

(L. 2016 H.B. 1765)
Mo. Rev. Stat. § 301.3129 — MO Code / Chapter 301 / Section 301.3129
301.3129 Firefighters, special license plates — fee, appearance of plate, ...
Status: in_force

301.3129. Firefighters, special license plates — fee, appearance of plate, application procedure — definition of person eligible for plate — rulemaking authority. — 1. Any person, as defined by subsection 3 of this section, may apply for special license plates 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. Any person desiring a special license plate as provided by this section shall make an application for the special license plates on a form provided by the director of revenue and furnish proof of eligibility as the director may require.

2. Upon payment of a fifteen dollar fee in addition to the registration fee and other documents which may be required by law, the department of revenue shall issue to the vehicle owner a personalized license plate which shall bear an insignia designed by the director or the director's designee and shall bear the words "FIREFIGHTERS MEMORIAL" in place of the words "SHOW-ME STATE". 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 . Notwithstanding the provisions of section 301.144 , no additional fee shall be charged for the personalization of license plates pursuant to this section.

3. As used in this section the term "person" shall mean:

(1) A person wounded in the line of duty as a firefighter; or

(2) A surviving spouse, parent, brother, sister, or adult child, including an adopted child or stepchild, of a person killed in the line of duty as a firefighter.

4. 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. 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 H.B. 1114, A.L. 2016 H.B. 2380)
Mo. Rev. Stat. § 40.320 — MO Code / Chapter 40 / Section 40.320
40.320 Delay in case — failure to enforce regulation of proceedings — court-martial.
Status: in_force

40.320. Delay in case — failure to enforce regulation of proceedings — court-martial. — Any person subject to sections 40.005 to 40.490 shall be punished as a court-martial may direct who:

(1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under sections 40.005 to 40.490 ; or

(2) Knowingly and intentionally fails to enforce or comply with any provision of sections 40.005 to 40.490 regulating the proceedings before, during, or after trial of an accused.

(L. 1984 H.B. 1035 § 99)
Mo. Rev. Stat. § 161.184 — MO Code / Chapter 161 / Section 161.184
161.184 Department shall not assist in placement of certain records upon certain ...
Status: in_force

161.184. Department shall not assist in placement of certain records upon certain diplomas. — The department of elementary and secondary education shall be prohibited from establishing policies, creating projects, or in any way supplying resources to assist in the placement on high school diplomas any student's attendance records, grades, class rank or other information which was not previously placed on such diplomas made, printed or issued for students graduating in the 1988-89 school year.

(L. 1990 S.B. 740 § 30)
Mo. Rev. Stat. § 388.510 — MO Code / Chapter 388 / Section 388.510
388.510 Foreign and nonresident railroad companies, license required — penalty.
Status: in_force

388.510. Foreign and nonresident railroad companies, license required — penalty. — If any foreign or nonresident railway corporation of whatever kind, incorporated, created and existing under the laws of any other state, territory or country, and doing business as a carrier of freight or passengers shall carry, or attempt to carry, or hold itself out to carry passengers or freight of any kind from one point in this state to another point in this state, without a license, permit or certificate of authority therefor, first had and obtained from the state of Missouri, to be issued by the secretary of state, it shall forfeit and pay to the state of Missouri for each offense a penalty of not less than two thousand dollars nor more than ten thousand dollars, suit to be brought therefor in any court of competent jurisdiction by the attorney general or the prosecuting attorney of any county in the state in which such offense shall have been committed. Such offense shall be deemed to have been committed either in the county where such transportation originated or in the county where it terminated. The governor may, whenever he shall deem it necessary, appoint special counsel to assist the attorney general or any prosecuting attorney to enforce and carry out the provisions of this section.

(RSMo 1939 § 5262, A. 1949 H.B. 2101) Prior revisions: 1929 § 4824; 1919 § 10013; 1909 § 3230